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SCHOOL LAAV 



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■ZE'j^ssEiD _^^:rzx-, is, i.s':73. 



AND AS 



AMENDED BY ACTS OF 1877, 



WITH FORMS AND 9NDEX. 




WHEELING : 

W. J. Johnston, Public Printee. 

1877. 

\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 



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SCHOOL LAV/ 



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OF THE 



■■^'•■^.^ 



STATE OF WEST YIRGMA, 



IF'^^SSZEID -^iE'IR.ZILi 12, la^S, 



AMENDED BY ACTS OF 1877, 




S AND INDEX. 




WHEELING: 
W. J. Johnston, Public Printer. 

■ 1877. 



•Ws- 



SCHOOL LAW. 



CHAPTER CXXIII. 

AN ACT to amend and re-enact the school hiw of the state. 

[Passed April 12, 1873, and as amended by Acts 1877.] 

Be it enacted by the Legislature of West Virginia : 

1. That for school purposes, the several districts in each As amended by 
county, as they are now or may be hereafter laid off for 1877?" ' 

the election of justices and constables, shall be divided into 
such number of school districts as may be necessary for 
the convenience of the free schools therein ; and the pres- 
ent sub-districts shall be such school districts until changed 
as provided for in this act. The words "district" and 
"districts," wherever they may occur in this act, shall be 
construed to mean the whole district, laid off as aforesaid, 
and the words "sub-district" and "sub-districts" shall be 
construed to mean the school district or districts therein. 

2. A county superintendent of free schools in each As amended by 
county shall be elected by the voters thereof on the first ^g-^*Jf- ^^' ^^** 
Tuesday in August, one thousand eight hundred and sev- 
enty-seven, and in every second year thereafter, whose 

term of office shall commence on the first day of Septem- 
ber next after his election, and continue for two years, and 
until his successor shall be elected and qualified according 
to law. There shall be elected at the same time, in each 
district of the county, by the voters tliereof, a president 
and two commissioners, who shall constitute the board of 
education for the district, whose term of office shall com- 
mence on the first day of September next after their elec- 
tion, and continue for two years, and until their success- 
ors shall be elected and qualified according to law. No 
person shall be eligible to more than one office under the 
provisions of this act at the same time. The voting at 
said election shall be by ballot, and the same shall be held 
in each district of the county at the several places of vot- 
ing therein for state officers and members of the legisla- 
ture, and it shall be the duty of the board of education of 
each district to give at least three weeks' notice of such 
election by posting the same at each place of voting, and 



School Law. 

at such other phiees as they may deem necessary. Poll 
books for said election shall be prej)ared by the board of 
education of each district for the several places of voting 
therein, and delivered to the commissioners or some of 
them appointed to superintend the election at each place 
of voting, before seven o'clock a. m. of the day on which 
the election is held. The court of each county and the 
proper court or other tribunal of each city, shall, before 
every election to be held under the jjrovisions of this act, 
appoint three commissioners at the court house, and the 
like number for each j)lace of voting in the county or cor- 
poration at wliicb a poll is to be taken under the provis- 
ions of this act, to superintend the said election, and the 
said election shall be superintended, conducted and re- 
turned, and the result thereof ascertained, in all respects 
as is provided for b}' law in regard to the election of 
county and district officers; apd all the provisions of the 
law in regard to general elections shall, as far as applicable, 
govern and apply to elections held under the provisions 
of this act: Frovided, That if in the year one thousand 
eight hundred and seventy-seven, any other election be 
held on the same day of the election herein provided for, 
the commissioners appointed to .superintend such other 
election shall superintend, conduct, certify and return the 
result of the election at each poll where a vote is taken 
under the provisions of this act. The commissioners ap- 
pointed under this act shall receive no compensation for 
their services. The county superintendent of free schools 
shall, immediately upon receiving the certificate of his 
election from the commissioners at the court house, forward 
a written notice thereof to the state superintendent of free 
schools. In case of a tie in the vote for members of the 
board of education, the county superintendent of fi-ee 
schools shall give the casting vote ; and in case of a tie in 
the vote for a county superintendent of free schools, the 
president of the board of education in the county shall, at a 
meeting called for that purpose at the court house of the 
county, by the clerk of the county court, not less than six 
nor more than twelve days after the result of each election 
is ascertained, appoint one of the jiersons receiving the 
highest number of votes for said office at said election as 
countj' superintendent of free schools, who shall give notice, 
as aforesaid, to the state superintendent of his appointment. 
A notice of such meeting shall be made out by the clerk of 
the counly court, and served upon each president of the 
board of education in the county, at least three days be- 
fore the day of such meeting, by the sheriff or other officer 
to whom the same may be delivered to be served. The 
ballots used at said election shall have written or pi-inted 
thereon the words ''for school levy," or "against school 
lev}^'' as the voter may choose; and if a majority of the 
ballots cast in a district have written or printed thereon 



School Law. 5 

"lor school levy," it shall be the duty of the board of edu- 
cjition to make the levies required by the thirty-eighth 
and fortieth sections of this act, for each year during its 
terra of office ; but if a majority of the ballots cast in a dis- 
trict have written or printed thereon, "against school levy," 
no levy shall be made by said board for the year next suc- 
ceeding. But it shall be the duty of said board to cause a 
special election to be held on the same day in the following 
year, at which the question of levy or no levy shall in like 
manner be again submitted to the people for their decision 
and if a majority of the ballots cast at such special election 
be "for school levy," such levy shall be made as hereinbe- 
fore required. Of everj^ such special election, the clerk of 
the board of education of the district shall give notice by 
posting the same at each place of voting in the district, at 
least ten days before the day on which the same is to be 
held. 

I : • 

• 3. Any person who may act as commissioner or conduc- as amended by 
tor of aay election held under the provisions of this act, chap. 77, Acts 
who shall willfully reject the vote of any person entitled 
to vote at said election, or receive the vote of any person 
not so entitled, or who shall knowingly make any false re- 
turn of the result of any such election, or of any poll held 
at any place of voting, shall be guilty of a misdemeanor, 
and fined not less than fifty dollars and imprisoned not 
less than twenty days. 

4. At the meeting of the district board of education, held ^.s amended by 
on the first Monday of September, one thousand eight (^h^P- '?'?. ^cts 
hundred and seventy-seven, they shall ajjpoint three intel- 
ligent and discfeet persons as trustees for each sub-district 

in their district, one of whom shall be appointed for one 
year, one for two years, and one for three years ; and the 
board of education shall thereafter annually appoint one 
trustee, who shall hold his office for three years. And the 
said trustees shall hold their resjDective offices until their 
successors are appointed and qualified. 

5. Vacancies in the office of school trustee shall be filled as amended by 
by the board of education for the unexjDired term, and in Chap. 77, Acts 
the board of education by the countj^ superintendent of 

tree schools for the unexpired term. 

6. The board of education of the several districts shall 
hold their first meeting for each school year on the first 
Monday of September. At this meeting they shall deter- 
mine the number of months the school shall be held in 
the district, the number of teachers that may be employed 
in the several sub-districts, and fix the salaries that shall 
be paid to the teachers. In determining the salaries, they 
shall have regard to the grade of teachers' certificates, fix- 



6 School Law. 

ing to each grade the salary that shall be paid to teachers 
of said grade. Ib the several sub-districts, and the trustees 
of the sevei'al sub-districts shall in no case transcend the 
salaries so fixed in any contract they ma}' make with 
teachers. A quorum of the board of education shall con- 
sist of a majority of the members thereof; and in the ab- 
sence of the president, one of said members may act as 
such ; but they shall do no official business except when 
assembled as a board, and by due notice to all the mem- 
bers. 

Cha''"^3i'^A ^^ '''■ "^'^^ board of education shall be a corporation by 

1877^ ' "^^ the name of "the board of education of district of 

county," and as such may sue and be sued, plead 

and be impleaded ; which boards of education shall be sub- 
stituted to all the rights of the boards of education of the 
townships heretofore existing, of which they are the suc- 
cessors, and shall have power and authority to sue for and 

recover in the name of "the board of education of 

district of county," successor to the board of educa- 
tion of township of county, all monej^ and 

property heretofore vested in, due to, or contracted by said 

board of education of township of county, 

for school purposes ; and the said board of education of 

district of county, shall be liable for any 

and all claims, debts, dues or demands owing to any person 
by the board of education of which it is the successor. 
They shall receive, hold, use and dispose of, according to 
the rules of law and the intent of the instrument confer- 
ring title, any gift, grant, devise or bequest made for the 
use of any free school or schools under their jurisdiction ; 
and without any transfer or conveyance, shall be deemed 
the owner of the real and personal property of their dis- 
trict, and the property of the former townships, for which 
their district was substituted. Process and notice may be 
served on said corporation by delivering a copy thereof to 
the secretary, or ai^y two members of the board. And all 
suits or proceedings now pending m any of the courts of 
the state, in the name of the board of education of any 
district, for an}' demand or claim in favor of the board of 
education of any townshij), are hereby made valid. 

SECRETARY OF THE BOARD — HIS DUTIES AND CQMrENSATION. 

As amended by 8. The board of education, at their first meeting after 
1877^; ^^v\^T.. their election, shall appoint a secretary, who shalTnot be 
a member of the board of education, and shall attend all 
meetings of the board and record all their official proceed- 
ings in a book kept for that purpose, which record shall 
be attested by his signature and the signature of the presi- 
dent of the board, which record shall at all seasonable 
times be open to the inspection of any person interested 



School Law. 

therein ; lie shall have the care and custody of all papers 
belonging to the board, containing evidence of title, con- 
tracts or obligations, or what are otherwise valuable, and 
preserve the same in his oiEce, properly arranged for refer- 
ence, and shall record and keep on file in his office such 
jjapers and documents as the board or the law ma}^ direct. 
He shall keep such accounts and prepare and certify such 
reports and writings pertaining to the business of the board 
as the board or law may direct. He shall publish within 
three daj^s after any meeting of the board of edu.cation, an 
abstract of the ^proceedings thereof by posting the same at 
the front door of the place of meeting ; he shall be, how- 
ever, allowed thirty days within which to certify to the 
auditor the amount levied for school purposes upon each 
one hundred dollars' value of property in his district. He 
shall also have authority to administer oaths to school 
officers in all cases where they are required to take an oath 
as such. For his services as secretary, he shall receive 
such compensation as the board may determine, not ex- 
ceeding fifteen dollars per year, to be paid out of the build- 
ing fund by an order drawn by the countj^ superintendent, 
when, after an examination by said superintendent of said 
secretary's books, they are found to be correct. But such 
order shall not be drawn until the said secretary shall have 
made his annual rejDort to the county superintendent, as 
hereinafter provided. 

9. The board of education shall have general control 
and supervision of the schools and school interests of their 
districts; they may determine the number and location of 
the schools to be taught ; they may change the boundaries 
of their sub-districts, and increase and diminish the num- 
ber thereof, having due regard for the scliool houses 
already built, or sites procured, assigning, if practicable, 
to each district not less than fifty youths between the ages 
of six and twenty-one years: Provided, That every vil- 
lage consisting of fifty inhabitants or more, shall be in- 
cluded in one sub-district ; and provided further, That no 
change in any sub-district shall take effect except imme- 
diately after the annual apportionment of the general 
school fund. When such village as is mentioned in this 
section is divided by district or county lines, the said vil- 
lage shall be included in the sub-district to be under the 
supervision of the board of education of the district to 
which the largest division of territory is attached. 

10. The board of education shall cause to be kept in 
every sub-district of their district, by a teacher or teachers 
of competent ability and good morals, a sufficient number 
of primary schools for the instruction of the persons en- 
titled to attend the same, and should the trustee of any 
sub-district neglect or fail to employ a teacher for his sub- 



School Law. 

district, upon complaint thereof it shall be the duty of the 
board of education to do so. The following persons, when 
residing in a sub-district, with intent to "make such sub- 
district their home, shall have a right to attend and re- 
ceive instruction at the primary schools thereof that is to 
say : Every youth between the ages of six and twenty-one 
yeai'S. shall have such right ; and any person wishing to 
receive instruction at any free school in this State shall 
have a right to attend such school, and the teacher or 
teachers there employed shall give instruction to such 
jjerson the same as is required by law for other persons, 
upon the payment of tuition fees, and upon such other 
terms as the^trustees of the sub-district may prescribe. 
Said tuition fees shall be paid in advance into the district 
treasury, and placed to the credit of the teacher's fund of 
said district. 



BRAXCHES OF LEARNING TO BE TAUGHT. 

11. In the primary schools there shall be taught ortho- 
graphy, reading, penmanship, arithmetic. English gram- 
mar, history, geography, and such other branches as the 
board of education may direct. 

Chap™77^A^ts^ ^'-- -^^® trustees shall be under the supervision and 
1S77. ' control of the board of education, and in all cases the ac- 

tion of the trustees shall be subject to the revision and cor- 
rection of the board of education on the motion of any 
member thereof, or upon the complaint in Avriting of any 
three tax-jDayers of their sub-district. Whenever it shall 
happen that the person authorized to atteud school are so 
situated as to be better accommodated at the primary 
school of an adjoining sub-district, whether in the same or 
in an adjoining district or cotmty, or whenever it may be 
necessary to establish a school composed of pupils from 
parts of two sub-districts, whether in the same or in an ad- 
joining district or cotinty. it shall be the duty of the trus- 
tees of the sub-districts interested, under the direction of 
the board of education to transfer such persons, for school 
purposes, to the sub-district in which such school house is 
or may be situated; but the enumeration of youth shall be 
taken in each sub-district as if no transfer had been made, 
and the trustees of the sub-district in which the school is 
situated shall have the management of such school. 

But in all cases of transfer of pupils from one district to 
another district, the board of education of the district from 
which the transfer is made shall pay to the board of edu- 
cation of the district in which the school is carried on. such 
jiroportion of the cost of said school, as the scholars so 
transferred bear to the whole number of scholars taught 
in such school. 



School Law. 9 

13. The trustees of every school district shall have ^^ amended by 

1 r ,^ 1 11- 1 1 n • ji i i (^bap. 77, ActS 

charge or the schooJs therein, and shall appoint the teach- 1877. 
ers of such schools. Such appointment shall he in writing- 
according to the form furnished hy the state superintend- 
ent of free schools, and shall be submitted to the board of 
education, or to the president thereof when the board is 
not in session, for apj^roval ; and when approved by either 
it shall be filed within one week thereafter with the secre- 
tary of the board of education. Any teacher so appointed 
may be removed by the trustees or by the board of educa- 
cation for incompetency, neglect of duty, inte]n]:)erance. pro- 
fanity, cruelty or immorality. The trustees may exclude 
from any school under their charge a person having a 
contagious or infectious disease, and they may suspend or 
expel any scholar found guilty of disorderly, refractoiy, 
indecent or immoral conduct, and may refuse to admit 
such scholar again to the school until satisfied that he will 
properly conduct himself thereafter ; but their action in 
each jiarticular shall be subject to the revision and correc- 
tion of the board of education. Anj^ trustee may, for good 
cause shown, be removed from office by the board of edu- 
cation upon ten days' notice, in writing, of the cause al- 
ledged for his removal, and of the time and place the board 
will take action thereon. Wlienever, at the end of any 
school month, the daily average attendance for that month 
has been less than thirty -five per cent of the whole num- 
ber of pupils enumerated in the sub-district, the trustees 
shall dismiss the teacher and discontinue the school, unless 
otherwise directed by the board of education; and no high 
school shall be continued if at the end of any school month 
it has not had the daily attendance of twenty-five scholars. 

14. The trustees shall visit eveiy school under their 
charge within two weeks after the opening, and again 
within two weeks before the close thereof, and at such other 
times as in their opinion it may be useful to do so. During 
such visits they shall inspect the register of every teacher, 
and see whether it has been properly kept ; and ascertain 
whether the scholars have supplied themselves with books 
and other things requisite for their studies ; whether the 
school house and grounds, furniture, apparatus and library 
are kept in good order; whether anything injurious to the 
health is suftered to remain about the house or grounds, 
and whether the school house is Avell ventilated and kept 
comfortable, as the season riiay require ; and, where it is 
necessary, provide^and promptly apply the proper remedy. 
They shall also, during such visits, make such examination 
and inquiry as they may deem useful respecting the studies, 
discipline and general condition of the school and the 
conduct and proficiency of the scholars ; and give such di- 
rections or make such suggestions to the teachers as in their 
opinion will promote the interest of the school, and the 
health, moi-als and progress of the scholars. 
2 



10 School Law. 

15. Thev shall cause the school houses under their charge, 
and everything pertaining thereto, to be kept in good 
«>i'der and repair, and for this purpose it shall, among 
Diher things, he their duty to cause proper suits and prosecu- 
tions to be instituted, in the name of the board of education 
of the disti'ict, or otherwise, against every person who 
shall injure or distroy any school property of which the 
said trustees have charge, and they shall not, without the 
permission of the district board of education, alloAv said 
school houses to be used for any other purpose whatever, 
except that they may allow said houses to be used for the 
purpose of holding religious meetings and Sunday schools, 
equally, by the various religious denominations that may 
apply lor the same, under such regulations, as to the care of 
the same, as they may j)rescribe. The trustees shall furnish 
to the board of education estimates of all improvements 
necessary to the preservation or repair of buildings, 
grounds and furniture under their charge. 

16. The trustees of each sub-district shall keep exact 
accounts of all necessary expenses incurred by them in the 
performance of their duties, and render to the secretary of 
the board of education, at or before their last meeting for 
the current school year, written accounts, by items, of all 
such expenses: which, if the board find them correct, they 
shall pay by an order to the sheriff, drawn on the building 
luad of the district, signed by their secretary and presi- 
dent. The trustees of any sub-district may purchase fuel, 
water-backets, brooms, coal-hods, shovels, pokers, stove 
pipes and dippers for use in school-room. They may make 
such i"epairs in windows, doors, benches, desks, floors, 
walls, ceilings and roofs as m^y render the house comfort- 
able. For such purchase or repairs they shall i^ender to the 
secretary ol the board ot education an account, which, if 
the board find correct, they shall pay out of the building 
fund of the district. 

17. White and colored persons shall not be taught in 
the same school; but to attbrd to colored children, as far 
as practicable, the benefits of a free school education, it 
it shall be the duty of the trustees of every sub-school dis- 
trict to establish therein one or more primary schools for 
colored persons between the ages of six and twenty-one 
years, whenever the number of such persons residing 
therein, and between the ages aforesaid, exceeds twenty- 
five, according to the enumeration made for school pur- 
poses. The trustees of two or more sub- districts, whether 
in the same or adjoining districts or counties, may, by 
agreement with each other, join in establishing a primary 
school for colored children residing in said sub-districts, 
and such schools, so established, shall be subject to the 
same regulations as are provided for the schools for white 
children, in section twelve of this chapter. 



School Law. 11 

18. Whenever in any school district the benefit of a free 
school education is not secured to the colored children re- 
sidinij; therein, in the manner mentioned in the preceding 
section, the fund applicable to the support of free schools 
in such sub-district, whether received from the state or 
local taxation, shall be divided in the proportion which 
the number of colored children bears to the number of 
white children therein, according'to the latest enumeration 
made for school purposes; and the share of the former 
shall be set apart for the education of colored persons of 
the hroper age, residing in such sub-district or district, 
and be applied for that purpose from time to time, in such 
way as the board of education of the district may deem 
best. 

19. The board of education of each district shall annu- 
ally, as soon as practicable after the first day of June, 
cause an enumex'atioa to be taken of all youth resident in 
the several sub-districts of their district who are between 
the ages of six and twenty-one years, distinguishing be- 
tween male and female, white and colored; not including 
persons who are temporarily in such sub-district without 
the inteiition to make it their home. The enumeration, 
verified hj the affidavit of the person who took the same, 
before some person qualified to administer oaths, to the 
effect that he used all the m.eans in his power to make it 
correct, and believes it to be so, shall, on or before the first 
day of July, be returned to the board of education, and by 
the secretary i^ecorded in his office and transmitted to the 
county superintendent of free schools. When such enum- 
eration for any district or sub-district shall not be received 
by the county superintendent before the first day of July 
in any year, it shall be his duty, without delay, to employ 
a competent person to take and verify the same as afore- 
said. In either event the person taking and verifying such 
enumeration shall be paid a reasonable compensation, to be 
allowed by the board of education, not to exceed two dol- 
lars per day for the ti^-sie necessarih' consumed, and paid 
by an order of sai i board, L.igned by the president and sec- 
retary, out of the said building fund of such district. In 
either case the county superintendent, as soon as he re- 
ceives the enumeration for any district or independent 
school district, shall forward to the state superintendent of 
free shools a statement of the number of scholars therein. 

OF THE REPORTS TO BE MADE. 

20. The trustees of each sub-district shall make a report 
to the secretary of the board of education of their district at 
or before their last meeting in each school year, setting 
forth, in reference to their sub-district, the following j)arti- 
culars, that is to say : The condition of school houses under 



12 School Law. 

their charge ; value and kind of apparatus; nuraber of vol- 
umns in school libraries, and their value ; with such ex- 
planations, remarks and additional information as the said 
trustees may deem useful, or as the blanks furnished by the 
tate superintendent of free schools may require. They shall 
also report the same particulars in relation to any schools 
under their charge for colored persons. 

21. The secretary- of the board of education to whom 
the report of the trustees shall have been made as provid- 
ed in the twentieth section, shall revise the said reports, 
and if they be found erroneous or defective, may retui-n 
them for correction. From the corrected report and the 
teachers' register provided for in the thirtieth section of 
this chapter, and such other authentic information as he 
may be able to obtain, he shall make a report to the coun- 
ty superiutendynt on or before the twentieth of Septem- 
ber, anaually, in tabular form, by sub-districts, embracing 
each particular reported to him by the said trustees' re- 
ports and teacher" s registers, and showing the aggre>:ate 
or average of each, as the ease may require, for his district. 
And he shall further report to the county superintendent 
on or before the twentieth day of September, annually, the 
following additional particulars in reference to his district, 
for the year ending on the preceding thirty-first day of 
August, that is to say : the rate and amount of the tax lev- 
ied for the teachers" fund and the buildidg fund, respec- 
tively ; the amont of such taxes collected and placed to the 
credit of each of these funds; the amount received from the 
state for the teachers" fund ; the amount of the balance in 
the treasury at the beginning of the school year for each 
fund ; the amount of receipts from all other sources and 
placed to the credit of each fund ; the amount of receipts 
from all other sources and placed to the credit of each 
fund ; the amount expended for the pay of teachers, male 
and female, white and colored, respectively ; the amount 
of commissions paid to the sheriff or collector ; the amount 
of the delinquent list returned by said collector; the 
amonnt of the balance in hand at the cl:>se of the school 
year for each fund : the amount expended for the purchase 
of sites for school houses, for the construction and furnish- 
ing of the same : for the rent, hire and repair of such 
property, the amount expended for furniture, for appara- 
tus, for interest, for the enumeration of youth and for con- 
tingencies ; also, the number of volumes in school libraries 
and their value; total receipts; total expenditui-es, with 
such explanations, remarks and additional information as 
he may deem proper, or as the^blanks furnished by the 
state superintendent may requii-e. He shall also in like 
manner report all particulers pertaining to a,ny colored 
school or schools in his district. For this report the secre- 
tary shall be allowed out of the building fund, in addition 



School Law. 13 

to his salary as secretary, the compensation often dollars; 
but the board of education shall in no case order this sum 
to be paid until the county superintendent has certified to 
them that the said report has been made, and that it is 
correct and complete, and made within the time specified 
in this section. 

22. The county supei'intendent shall receive and revise 
the reports made to him as aforesaid, and see that they 
are iji proper form and according to intent of law ; and 
when deficiencies or errors are found to exsist, shall re- 
turn them for correction. From these reports and other 
authentic information he can obtain, he shall make a re- 
port to the state superintendent of free schools, on or be- 
fore the thirtieth day of September, annually, or as soon 
thereafter as possible, setting forth in reference to each 
district of his county, and for the year ending on the pre- 
ceding thirty-first day of Augiist, the several particulars 
mentioned in the twentieth and twenty-first sections, with 
the proper aggregate or averages of each for the county ; 
and shall make the apportionment, and report such ap- 
portionment to the auditor, and also report whether the 
district iiave made their levy. 

SCHOOL YEAR. 

23. The School year shall commence on the first day of 
September, and close on the thirty-first day of August, in- 
clusively, and all reports, accounts and settlements respect- 
ing the free schools of this state shall be made with re- 
ference to the school year. 

24. When the board of education of any district deem it 
expedient to establish a high school, they shall submit the 
question to the voters of the district on the da}^ and month 
of election named in section two of this chapter of any 
year, in the manner following, that is to say : The board 
shall prepare and sign a notice setting forth the kind of 
school proposed ; the place where it is to be located ; the 
estimated expense of establishing the same, including cost 
of site, building, furniture, books and apparatus; and the 
estimated annual expense of supporting the school after it 
is in operation, with siTch other information concerning it 
as they Tiiay deem joroper ; and stating that the question of 
authorizing the establishment of such school will be sub- 
mitted to the voters of the district, at the election specified 
in the notice, which they shall cause to be posted four 
weeks before the election in at least three of the most pub- 
lic places in the district. A poll shall thereupon be taken 
upon the said question at the election specified in the no- 
tice, and the result ascertained in like manner as is pre- 
scribed in section two of this chapter. The ballots used in 



14 School Law. 

voting on the question shall have written or printed there- 
on the words "for the high shool,"' or '"against the high 
school" If it appear by the result of said poll that not 
less than three-fifths of the voters who voted on the ques- 
tion are in favor of authorizing the establishment of the 
said school, the board of education may tben pi"oeeed to 
obtain the site, erect proper buildings, fixtures and im- 
provements, and procure necessary furniture, books and 
apparatus lor the said school, and to support the same after 
it is put in operation; for which purpose the board may 
annually levy a tax on the property taxable in their dis- 
trict, not to exceed in any one year thirty cents on every 
one hundred dollars valuation thereof, according to the 
latest assessment for state and county taxation. The said 
school shall be under the care and direction of the board ql 
education of the district in which it is established. 

25. The board of education shall have power to estab- 
lish graded schools in towns, villages and densely popula- 
ted neighborhoods of their respective districts, employ 
teachers therefor, and to make such special regulations as 
may be necessary to conduct them. But in every such 
case involving additional taxation the matter shall be first 
submitted to a vote of the people, and their consent obtain- 
ed as is prescribed in section twenty-four in case of a high 
school: Provided, that no levy for a graded school shall 
exceed in any one 3'ear fifteen cents on every one hundred 
dollars of valuation. 

26. In like manner, if the boards of education of two or 
more districts, whether in the same or different counties, 
deem it expedient to jointly establish and support a high 
school, they may submit the question of authi>rizing the 
same to the voters of their districts, separately, and in the 
manner prescribed in section twenty-four of this chapter, 
specifying in the notice the amount or proportion of the 
expense which each district is to contribute; and if author- 
ized by not less than thi'ee-fifths of the voters voting on 
the question in each district, may proceed jointly to estab- 
lish and support the said school; and for that purpose the 
said boards may annuall}- levy a tax on the property taxa- 
ble in their respective districts, not to exceed in any one 
year the rate of thirt}^ cents on every hundred dollars val- 
uation thereof The said school shall be under the care 
and direction of directors, to be selected and removed from 
time to time in such manner as the boards of education 
concerned may agree upon, or when there is no such 
agreement, under the care and direction of the board of 
education of the district in which the school house is situa- 
ted; aiid the boards of education concerned shall from 
time to time prescribe such regulations as they may deem 
necessary respecting the school. 



School Law. 15 

27. The board of directors who have the care and direc- 
tion of the said school, shall appoint and may remove the 
teachers; shall fix their salaries; prescribe the branches of 
learning to be taught; the time the school shall be kept 
open; the ages and qualitications of the scholars to be ad- 
mitted; admit scholars from non-contribating districts on 
such terms of tuition as they may deem proper ; expel or 
suspend scholars when necessary ; ascertain and certify 
the exj)enses of the school, of which they shall cause exact 
accounts to be kept; and prescribe all needful regulations 
respecting the school, subject, nevertheless, to any regula- 
tions respecting the same that may be prescribed pursu- 
ant to the preceding section. They shall annually report, 
through their secretary, on or before the twentieth day of 
September, to the superintendent of free schools tor the 
county in which the school house is situated, such other 
particulars respecting the school as the state superintend- 
ent of free schools may require ; and the county superin- 
tendent shall transmit the report, with such remarks and 
additional information as he deems proper, to the state 
superintendent. 

COUNTi' BOARDS OP EXAillNERS. 

There shall be in every county, for the purpose of exam- 
ining and certifying teachers, a county board of examin- 
ers, to be composed of the county superintendent, who 
shall be ex-otficio president, and two experienced teachers 
to be appointed by the presidents of the district boards of 
education, to be held at a mfteting for that purpose, at the 
county seat on the day of the county court next preceding 
the thirty-first day of August of every year, at which 
meeting a majority of said presidents or any three thereof 
shall constitute a quorum. The board of examiner^ shall 
each receive a compensatiou of three dollars per day for 
each day actually and necessarily spent in conducting the 
examinations, and for one Jay at each of the two stated 
examinations required in section twenty-eight ot this 
chapter, to be spent in consultation and preparation for 
their duties. This compensation shall be paid out of the 
fees received from the teachers examined, and shall in no 
case exceed the amount thereof. 

COUNTY SUPERINTENDENT. 

It shall be the duty of the county superintendent to col- 
lect from every person who applies for examination a fee 
therefor of one dollar, out of which he shall pay the per 
diem of the board of examiners, and the balance, if any. 
he shall pay to the sheriff, to be placed to the credit of the 
distributable fund of the county received from the state, 
and distributed with it, for the school year next preceding 



16 School Law. 

He shall, at the end of each school year, make and deliver 
to the clerk of the county court, and also to the state 
superintendent, a detailed and certified account of the 
names of all applicants for examination; the amount of 
fees received by him for the same; the amount paid out to 
the members of the board of examiners, and the balance, 
if any, placed to the credit of the distributable fund of the 
county as aforesaid. 

28. No teacher shall be employed to teach in any public 
school of this state until he shall have presented to the 
trustees, directors, or board having charge of such school, 
a certificate in duplicate of his qualifications to teach a 
school of the grade tor which he applies; the duj>licate of 
which shall be filed with the secretary of any hoard of 
education in the countj' in which the school is situated, 
and so endorsed on the original by the secretary; and no 
salary shall be paid to any teacher unless such duplicate be 
filed as aforesaid. The board of examiners shall examine 
each candidate for the profession of teacher who may ap- 
ply to them, as to his or her competency to teach ortho- 
graphy, reading, penmanship, arithmetic, English gram- 
mar, geography and history, if the application be for a 
primary school ; and if the application be for a higher 
school, they shall examine the applicant as to his compet- 
ency to teach the additional branches required for such 
school; and if satisfied of the competency of the applicant 
to teach and govern such school, and that he or she is of 
good moral character, they shall give a certificate in dupli- 
cate accordingly. The countj^ superintendent shall keep 
a register of all certificates awarded by the board of ex- 
aminers, stating the character and gTade of certificate and 
the time when issued. No certificate issued by the board of 
examine, o shall be of force except in the county in which 
it was issued, nor for a longer period than one year; and 
the board of examiners may, upon projjer evidence of the 
fact, revoke the certificate of any teacher within the coun- 
ty, for any cause which would have justified the withhold- 
ing thereof when the same was granted, by giving ten 
days' notice to the teacher of their intention to do so. The 
board of examiners shall, at two stated periods in each 
year, agreed upon by themselves, of which they shall give 
due notice, hold public examinations, at which all appli- 
cants for certificates shall be required to attend; and 
should circumstances require it, the county superintendent 
may call extra meetings for the same purpose; county 
superintendents and members of the board of examiners 
may be employed as teachers without the certificates re- 
quired of other teachers. 

29. The following regulations shall be observed b,y 
boards of examiners in regard to examinations and grant- 



School Law. 17 

ing teachers" certificates : First. No applicant shall be ad- 
milted to an examination unless the board shall have rea- 
sonable evidence that he or she is of good moral character 
and temperate habits. Second. JSTo college diploma or cer- 
tificate, or recommeiulation from the president or facultj' 
of an}" college or academy, shall be taken to snpercede the 
necessity of examination b}" the board of examiners, nor 
shall a certificate be granted to any applicant except after 
a careful examination upon each branch of study and iT])on 
the art of teaching. Third. Boards of examiners and 
others herein authorized to confer certificates shall state 
the teacher's grade of proficiency in each branch in which 
he is examined. Fourth. They shall grade the certificates 
granted according to the following scheme, numbering 
them according to the merit of the applicant, from one to 
five; number three shall be assumed as the medium be- 
tween a very good and an indifferent teacher, so that the 
scheme will stand thus: Number one, a very good teach- 
er, one accomplished in ever}'' respect; number two, a 
good teacher; number three, medium; number four, be- 
low medium; and number five, indifferent. A number 
five certificate shall never, be granted to a teacher more 
than once. If, upon a second examination, the applicant 
is not found entitled to a higher grade, no certificate shall 
be granted in the county nor in any other county of the 
state. -A number four certificate shall not be granted 
more than twice in succession to the same applicant in tiie 
same or in any other county of the state. If, at the third 
examination, the applicant is not found entitled to a higher 
grade, no certificate shall be granted. 

NORMAL SCHOOL CERTIFICATES. 

Diplomas granted to students of the normal school de- 
partments of the several normal schools of this state, as 
provided in the eighty-eighth section of this chapter, shall 
be accepted as a certificate of qualification to teach common 
schools throughout the state. But should such diploma 
be at an}^ time annulled by the state superintendent, it 
shall no longer confer the right to teach. 

PROFESSIONAL CERTIFICATES. 

Professional certificates shall be granted by a state board 
of examiners, composed of three members, one of whom 
shall be the state superintendent of free schools, and the 
other two professional teachers to be appointed by the 
governor. They shall examine any one applying there- 
for, and if, upon such examination, he be found full}^ quali- 
fied, they shall grant him a professional certificate in 
proper form, engraved upon parchment, authenticated by 
the seal of the office of state superintendent, and attested 

3 



18 School Jjaw. 

b}' bis siguature tberelo, by wbich certificate the said 
teacher shall be iegall}' admitted -to the ])rofessioo of 
teacher throughout the state of West Yirgiuia during his 
life: Provided, That tlie state superiutendent sliall re- 
voke such protessioual certiticate tor immoralit}', intem- 
perance, or other good cause, when clearly proved; and 
the board of examinei'S of any county, shall, for like 
cause, revoke the right conferred by such certificate. Avithin 
the limits of their respective counties. For every profes- 
sional cei-tificate a fee of iive dollars shall be paid into the 
distributable school fund. 

As^ami_nded^by 3(j Every teaclier shall keei) a daily register, and make 
1877.' ' ' monthly reports to the secretary of the board of education 

of his district. He shall also keep a term register, in 
which shall be entered the date ot the commencement and 
termiaation of every term of the school; the name and 
age of ever}^ scholar who attended the school during such 
term; the dail}^ attendance, distinguishing between males 
and females; the branches taught, and the number of 
scholars engaged in each month in the study of each 
branch, and such other particulars as are necessary to en- 
able the secretaries of the board of education, or directors, 
to make the reports required of them. The state superin- 
tendent of free schools shall prescribe such forms and reg- 
ulations resi)ecting the register to be kept, and reports to 
be made b}" the teachers, as shall seem to him necessary. 
At the close of each term the register thereof shall be re- 
turned by the teacher to the oiSce of the secretaiy of the 
board of education for the district, who shall file the same, 
and unless such register be pro^Derl}^ kept and returned, 
the teacher shall not be entitled to demand payment of the 
balance due on his salary. Teachers shall be paid month- 
ly, and by ordei's on the sheriff, or collector, signed by the 
secretary and president of the board. Where sa\j teacher 
has taught according to his contract, for one month, the 
trustees for the sub-district in which he has so taught, shall 
certify the fact to the secretary of the district board, where- 
upon he shall receive from said secretary an order upon 
the sheriff', or collector, of the county, signed by the said 
secretary and the president of the board of education, for 
one month's salary ; but in no case shall such order be 
given unless the monthly report containing the facts re- 
quired in the preceding part of this section, to be shown 
in the term register, be first duly made out and returned 
to the secretary. 

The school month shall consist of twenty-two days, ex- 
cluding Saturday, twenty days of which shall be devoted 
to teaching the school contracted for, and two days shall 
be devoted by the teacher to attending county or district 
institutes, for each month contracted for, and there devote 
his full time in such institutes as are in operation, to the 



School Law. 19 

improvement of hiniiself und his felloAV teachers in the 
branches of learning taught in the free schools^and in the 
art of teaching. Aucl each teacher shall so attend some 
institute during the year, for two days for each month, he 
or she shall be employed to teach, not exceeding eight days 
in any year. It shall be the duty of the county superin- 
tendent to organize and conduct such institutes in person 
or by some competent teacher, whom he shall ap2)oiut in 
his stead, and to procure and keep a record of the ^^I'O- 
ceedings of said institutes, and of the teachers of his county 
who attended, and of the length of time each one attended 
and of the teachers who failed to attend the institutes held 
in the county or districts, . and report their names to the 
respective boards of education, and also report to the state 
superintendent the whole number of teachers Avho attend- 
ed institutes in his county during the year, at or before the 
end of the school je^Y. If any teacher is reported as 
aforesaid for non-attendance on the institutes designated 
in this section, and in section fifty-four of this cha2)ter, the 
board of education of the district in which he is employed 
as a teacher, shall make a pro rata reduction from his or 
her salarj^ for the time of non-attendance so reported, but 
such reduction shall in no case be for more than eight days 
in any year. 

31. In contracts with teachers, it shall be understood 
that the school is not to be kept in operation for ordinary 
instruction on the first da}^ of Januarj^, fourth day of Jul}", 
or the tvventj^-fifth Any of December, nor on any national 
or state festival, thanksgiving or fast day; but the month 
or time mentioned in such contract shall nevertheless be 
computed as if the said days were included. The school 
month shall consist of twenty-two days, excluding Satur- 
days. 

^ GENERAL DUTIES OF TEACHERS AND SCHOOL OFFICERS. 

32. All teachers, boards of education, and other school 
officers, are hereby charged with the duty of providing 
that moral training for the youth of this state, which will 
contribute to securing good behavior and manners, and 
furnishing the state with exemplary citizens. It shall also 
be the duty of every school trustee to see that the school - 
house is kept clean and in good order, and that fires, when 
necessary, are made and kept therein, but no ex2:)ense 
shall be incurred therefor, to exceed fifty cents per week. 

SCHOOL HOUSE FURNITURE, ETC. — EXEMPTION FROM LEVY 

ENFORCEMENT OF CLAIMS. 

33. The president of the board of education of every 
district shall, at least once a year, examine the school 
bouses and school house sites in the district, and report 



20 School Law. 

the condition of the siunc to the board ; tind such as ai'c. in 
their jiidgnient, jH'operlj located, and arc sutficiont, or can 
with reasonable expense be rendered so, shall be retained 
for the use of public schools, and the remainder, with the 
consent of the count}* superintendent, shall be sold at 
public sale, or otherwise, by the board of education, and 
on such terms of sale as the board may order, and the pro- 
ceeds added to the building fund : Provided, That the gran- 
tor, or his heirs, ot any such school house site, shall, if be or 
they so desire, have the same re-conveyed to him or them 
without the buildings thereon, (if any), upon paying to 
the board of education the amount received by such grantor 
for such site; or in case no compensation was paid therefor, 
the same shall be so re-conveyed free of charge. In case of 
such re-conveyance, the building ou such site, (if any) 
shall be sold, as hereinbefore provided, with privilege to 
to the purchaser to remove them from off such site in a 
reasonable time. This proviso shall not be construed to 
appl}" to any school house lot within any village, town or 
city. 

34. The board of education of every district shall provide 
by purchase, condemnation, leasing, building or otherwise, 
suitable school houses and grounds in their districts, in 
such locations as will best accommodate the inhabitants 
thereof, and improve such grounds and provide such fur- 
niture, fixtures and appendages for the said school houses 
as the comfort, health, cleanliness and convenience of the 
scholars may require ; and keep such grounds, school 
houses, furniture, fixtures and appendages in good order 
and repair : Provided, That in case such boards of educa- 
tion shall be unable to agree upon a proper location for a 
school house in any sub-district, such location shall be 
decided by the county superintendent. Boards of educa- 
tion in adjoining districts, or counties, may jointly provide 
for the erection of school houses for the accommodation of 
adjoining jjortions of districts, or counties, for high schools, 
union school or sub-district schools, which, from local 
causes, cannot be conveniently attached to sub-districts in 
the districts, or counties, to which they belong. The title 
to such houses shall be vested in the board of education 
having supervision of the sub-district containing the 
greatest number of children, and terms indicating a trust 
for the purpose aforesaid shall be introduced into an agree- 
ment made between the boards of education interested. 
Such school houses shall be provided Avith furniture, fix- 
tures, and such other aj)pendages as are supjilied to school 
houses generally. An equitable amount shall be assessed 
on each district interested, by the respective boards of ed- 
ucation, for the purpose aforesaid. Boards of education 
shall, in every case, require bond of all contractors, with 
approved security, in double the amount of the contract, 



School Law. 21 

for building or ropitiriiig scliool hoawcs. No board of cd- 
uctitioii, or uny member thereof, or trustee of tiny sub-dis- 
trict, sluiU become personally interested in any contract 
for building- or repairing school houses in his or their dis- 
trict, under a penalty of one hundred dollars, to bo recov- 
ered by the action of any person before any justice of the 
county in which such contract is made, upon proof of such 
contract, and any member of such board vioUiting this 
section shall be guilty of a misdemeanor and fined not less 
than twenty dollars. 

35. JSIo school house shall- be erected unless the phm 
thereof shall have been submitted to the county superin- 
tendent and approved by him ; and it is hereby made his 
duty to accpuaint himself with the principles of school 
house architecture, and, in all his plans for such struct- 
ures, to have regard to economy, convenience, health and 
duribility of structure. 

36; When land has been designated by the board of ed- 
ucation of any district as a suitable location for a .school 
house and the necessary buildings, or for enlarging a 
school house lot, if the owner or owners refuse to sell the 
same, or demand a price therefore which is deemed by the 
board unreasonable, or the owner is afemme covert, a minor, 
non compos mentis, or non-resident, after ten days notice, 
served upon such owner, or owners; or the owner, or owners, 
being non-residents thereof, by publication for four weeks 
in some newspaper published in the county, or if there 
be no newspaper published in the county, by posting 
the same for four weeks at the front door of the court house, 
and five other public places in the county, at least two of 
which shall be in the district and one in the sub-district in ■ 
which such property is located, the board may j^etition the 
circuit or county court of their county to have such lots of 
ground condemned for the use of public schools, and the 
court shall thereupon appoint a jury of viewers, to con- 
sist of twelve free-holders, persons not resident in the dis- 
trict Avithin which such land is located, who being duly 
sworn faithfully and impartially to try all matters submit- 
ted to them, shall assess the value of such land ; and upon 
due return being made of such assessment, and the amount 
thereof being paid or tendered to the owner or owners, of 
the land in question, or disposed of as the court may di- 
rect, the said board may enter thereon, and use such land 
for school house purposes, and the decree of the court ap- 
proving or modifying th.e report of the viewers, shall be 
recorded by the board of education in the deed books of 
the county, in the clerk's office : Provided, That no land 
shall be taken which shall exceed in quantity one acre. 

37. All school houses, school house sites, and other prop- 



School Law. 

ertv beloiig-iii;;- to any board of edueatiun. and used for 
school inirposcs, shall be exempt from execution or other 
l^rocess, and from lien on or otber distress for taxes or 
county levies; but ^vhen any order of the board, upon the 
sheriff of the county, or jadgment or decree for a sum of 
money against the said board has been presented to such 
sheriff Avlthout obtaining payment, payment thereof may 
be enforced by the circuit court hx mandamus or an order 
for a speeitic levy on the property taxable in the district. 

BUILDING FUND — ANNUAL LEVY FOR THE SAME. 

38. To provide school houses and grounds, furniture, 
fixtures and appendages, and keep the same in good order 
and repair, and to supply said school houses with fuel and 
all other things necessary for their comfort and conve- 
nience: and to pay the principal and interest of any loans 
made pursuant to this section, and all other expenses 
incurred in the district in connection with schools not 
chargeable to the -'teachers" fund,'' the board of education 
shall annually levy a tax on the property taxable in each 
district, not to exceed, in any one year, the rate of forty 
cents on eveiy hundred dollars valuation thereof, accord- 
ing to the latest assessment of the same for state and 
county taxation. 

39. The proceeds of taxes so levied, of school houses 
and sites sold, of all donations devises and bequests, ap- 
plicable to any of the purposes mentioned in the pre- 
ceding section, and of any loans that may be made for 
such purposes, shall constitute a special fund to be called 
the -'building fund," to be appropriated exclusively to the 
purposes named in the preceding section. And the board 
of education of any district may borrow money for such 
purposes on the credit of the -'building fund," but such 
loans shall at no time nmount in the aggregate to more 
than can be paid by a levy at the rate of twenty cents per 
hundred dollars per j^ear for three successive years, on the 
assessed valuation of the taxable property of the district. 

ANNUAL LEVY FOR SUPPORT OF PRIMARY SCHOOLS. 

40. For the support of the j)rimary free schools of their 
district, and in each independent school district, the board 
of education thereof shall annuall.y levy, by the authorit^y of 
the people, as prescribed in section two of this chapter, 
such a tax on the property taxable in the district as will, 
with the monej- received from the state for the support of 
free schools, be suflficient to keep such schools in operation 
for at least four months in the year: Provided, The said 
tax in an}^ year shall not exceed the rate of fifty cents on 
every hundred dollars valuation, according to the latest 



School Law. 23 

available assessment made for state and county taxation. 
The proceeds of this levy, together with the monej' re- 
ceived from the state as aforesaid, shall constitute a special ^ 
fund, to be called the "teachers' fund," and no part there- 
of shall be used for any other purpose than the payment 
of teachers' salaries. Upon the failure of any board of 
education to lay such levy as is hereby required, or any other 
levy provided for in this chapter, they shall be compelled 
to do so by the county court of the county, by w^r it of man- 
damus, unless good cause be shown to the contrary. 

41. If the board of education of any district agree that 
the schools in their district should be continued more than • 
four months in the year, or if twenty or more voters of 
the district ask it in writing, they shall submit the ques- 
tion to the voters thereof at a time specified in the order 
thereof, which order shall state also tlie length of time for 
which it is proposed to continue the schools. Ballots may 
be used for voting on the question, on which may be writ- 
ten or printed, " for months' school," for those who 

are in favor of more than four months' school ; those who 
oppose a longer term than four months, may vote with a 
ballot having written or printed on it, "against more 
than four months' school" And if the proposition for a 
longer term than four months have a majority of all the 
votes cast for and against, then the board may order the 
levy accordingly : Froouled, That in any district where a 
poll is held for the purpose herein specified, notices of such 
election shall be posted by the clerk of the board of edu- 
cation in at least three public places in the district, three 
weeks before the day of voting ; and the notice shall explicit- 
ly state the term of time for the school which is to be voted 
for, and only one term of time shall be voted for at any 
one election. The poll shall be held and the election con- 
ducted, and the official records returned as is prescribed in 
the second section of this chapter. 

42. JSTo district, or independent school district, shall 
hereafter receive any share of the distributable state fund 
for free schools, in any year in which the levy required by 
the fortieth section has not been made in such district, 
or. independent school district; and any money heretofore 
or hereafter distributed, and undrawn and remaining cred- 
ited on the books of the auditor to any such district, or in- 
dependent school district, on the thirty-first day of August 
in each year, shall, on that day, be transferred on the books 
of the auditor to and form part of, the general school fund 
to be next distributed. 

43. The assessor of every assessment district shall make 
out and deliver to the secretary of the board of education 
of each district, and independent school district, in his dis- 



24 School Law. 

triet. on or boloro iho iirst day of Sopterabcr. in eac-li year, 
a oertiticato sliowing the agi;Tt\irate value of all ]>ersonal 
projievty and real estate, respectively, in such disiriet. or 
indej^endent school district, which certificate shall serve as 
a basis tor any levy that may be made for school purposes 
tor that year. 

44. Immediately u]:»on the receipt of the certificate men- 
tioned in the precedirig section, and ot the notice from 
the connty superintendent as bei'eafter provided, showing 
the amount of the general school fund to which such dis- 
trict, or independent school district, is entitled, it shall be 
the duty of'the b'Sard of education of such district to deter- 
mine the rates of taxation necessary for the pa}' of teachers 
and for the building fund in their district for the school 
year, and report the same, by their secretary, to the clerk 
of the county court, to the county supei'inteodent, and also 
to the assessor. And thereupon it shall be the duty of the 
said assessor to extend on his books of the assessment, for 
state and county purposes, the amount of taxes levied as 
aforesaid, in two separate columns, the one headed '-teach- 
ers fund." and the other -'building fund." from which 
extension the sheriff shall proceed to collect the same, and 
shall account therefor as required by law.. 

45. Am' a>>t->:?or who shall fail to make out and deliver 
the certificate mentioned in the forty -third section, and 
any seci-etary of a board of education who shall fiiil to 
make out and deliver the certificate named in the foi'ty- 
fburth section, shall be fined twenty dollai'S. for the benefit 
of the building fund of the district. And any assessor who 
shall charge on the assessors books, as provided in the 
preceding section, a greater amount of taxes than is dne 
from the person charged therewith, shall, in siich case, if 
the overcharge be inadvertently made, be fined double the 
amount, and if willfully made, ten times the amount of 
the overcharge : one-half thereof to be applied to the 
benefit of the building fund and the residue to the in- 
former. The fines provided for in this section may be 
recorded on motion of any citizen of the district, or sub- 
district, in which such delinquency of the assessor, or .sec- 
retary, shall occur, or in which the property overcharged 
may be; and said motion may be, on ten days" notice, 
made before any justice of such district. 

It shall not be lawful for the board of education of any 
disti-ict, or independent school district, to contract for, or 
expend, in any year, more than the aggregate amount of 
its quota of the general school fund, and the amount col- 
lected from the district, or independent school district lev- 
ies ot that year, together with any balance remaining in 
the hands of the sheriff' or collector at the end of the pre- 
cedinii; year, and such arrearacres of taxes as may be due 



1S77. 



School Law. 25 

such district or independent scliool district. Nor shall 
such board incur unj debt to be piiid out of the school 
money of any subsequent year, for any other juirpose, or 
in any other manner than is provided for in section thirty- 
nine of this chapter. 

If any trustee or board of education shall make any 
agreement for the employment of a teacher, or for any 
other object concerning free schools under tlieir charge, so 
as to occasion thereby the aggregate of the just claims 
against the board of education of the district or independ- 
ent school district, in any jeav to exceed its aggregate re- 
ceipts as aforesaid, for such year, such board of education 
or trustee shall be individually responsible to the teacher 
or other person with whom such agreement is made. 

46, The sheriff or collector of the county shall receive, ^^^ amended bv 
collect and disburse all school moneys for the several dis- 9'i;ii'-'''''-'^"^ts6t 
tricts and independent districts therein, both that levied 
hj said districts and that distributed thereto by the state. 
He shall be required by the county court to give, in addi- 
tion to his bond as collector of the state and county taxes, 
a special bond with approved security, in a penalty equal 
to double the amount of school money which will proba- 
bl_y come into his hands for school purposes during his 
term of office, and shall be made payable to the state of 
West Yirginia, with one or move sureties deemed sufficient 
by such court, and proved or acknowledged before such 
court, and an order stating such proof or acknowledgment 
shall be entered of record of such court. He shall keep 
his accounts with the several boards of education of each 
district and independent school district; one of money be- 
longing to the teachers' fund, and the other of money be- 
longing to the building fund, and shall credit every receipt 
and charge every disbursement to the fund to which it 
belongs. He shall'pay out no money standing to the credit 
of the board of ediication, except upon an order signed by 
the secretary and president thereof, specifying the sum to 
be paid and the fund to which it is to be charged; or upon 
a certified copy of a judginent or decree of a court of jus- 
tice against the said board, for a sum of money therein 
specified, or upon an order of the count}" superintendent, 
as provided in section eight of this chapter. He shall, on 
or immediatel}' before the first day of September in each 
year, settle with the board of education of each district 
and independent school district, in which settlement he 
shall be charged with the amount of taxes levied by the 
board of education upon the propertj^ of the district or 
independent school district for the teachers' fund and the 
building fund, and with the amount distributed thereto 
from the general state fund, and for any other mone3"s 
received by him during the current j^ear on account of the 
free school of such district or independent school district; 

4 



26 School Law. 

and he shall be credited with the amount of deliiK^nent 
taxes of such district or independent school district that 
has heon duly returned by him and certified by the clerk 
of the county court to such board of education. He shall 
also be credited in such settlement with all vouchers ])vo- 
duced by him, if found to be correct bj^ the district board 
of education, and he shall receive no other credit, except 
his commission, as hereinafter pi'ovided ; an account of 
this settlement shall be made out by each board of educa- 
tion, naming the district for which it is made, with the 
proper debits and credits which were the subject of this 
settlement. They shall also number all vouchers Avith 
which the sheriff has been credited b}' them, and endorse 
on the back of each the words, "settled hj B. E." lender 
this endorsement the secretary of the board shall sign his 
name and date of settlement. All such accounts and 
vouchers so endorsed shall then be delivered to the sheriff 
or collector, whose duty it shall be to deliver them to the 
clerk of the county court, which accounts and vouchers 
shall serve as a basis of the settlement to be made by the 
sheriff or collector with the county court, according to 
article twelve and section seven of the constitution, and 
section fiftj^-two of this chapter. If any sheriff or col- 
lector shall pay out in any one year more money on ac- 
count of the teachers' fund or building fund than shall 
have been levied and could have been collected b}' him 
during said 3^ear, together with the amount remainiiig in 
his hands from any preceding year, he shall, in said settle- 
ment, receive no credit for such excess. He shall receive 
no pay for receiving the state school fund nor for the dis- 
bursement of any school money. If he fail to account for, 
and pay over, as required by law, any money which may 
come to his hands, or for which he is liable, judgment may 
be recovered therefor against him and his securities, with 
interest and ten per cent, damages ; and upon the failure of 
such sheriff to pay any proper draft which may be drawn 
by the said board of education upon him, judgment upon 
motion therefor may be obtained before any justice of his 
county, or before the county or circuit court thereof, he 
having had at least ten days' notice of the motion. 



DELINQUENT LISTS — SALE OF DELINQUENT LANDS FQR DIS- 
TRICT LEVIES. 

, , , 47. The delinquent lists for district levies shall be re- 

As amended I>y , , ,^ i i i r i 

Chap. 77, Acts turned, and real estate sold therefor as hereinafter pro- 
^ '^' vided. Such lists of delinquent lands shall be in form or 

in substance as follows : 

"List of real estate in the district of^ , in the county 

of , delinquent for the non-pa3'ment of school taxes 

thereon, for the year ." 



School Law. 



27 



Name of person. 


1 


'6 

a 

O 

a 

a 


a g 

•2 a 
3.2 




11 


c 

i 


3 

2 
"3 


1 

3 P 

"£ 2 























The delinquent lists of personal property shall be in 
form or in substance as follows: 

"List of personal property in the district of , in the 

county of , delinquent for non-payment of district 

taxes thereon lor the year ." 



Jsame of persou. 



Why returned de]inqii3nt. 



And the sheriff or collector returning such lists shall, at 
the foot thereof, subscribe the following oath : ''I, A — B — , 

sheriff, (deputy sheriff or collector), of the county of , 

do gwear that the foregoing list is, I verily believe, correct 
and just ; and that I have received no part of the taxes for 
which the real estate (or personal property, as the case 
may be,) therein mentioned is returned delinquent, and 
that I have used due diligence to find property within nay 
county liable to distress for said taxes, but have found 
none. 



48. The said lists shall be presented to the county court 

at their term in the month of in every 

year, and the same shall be examined, corrected and certi- 
fied to the auditor, and a copy of the list of real estate to 



28 School La^'. 

the assessor, who shall, iu jirejiaring his next h\nd book 
make the required cori'eetion. The original lists shall be 
preserved by the elerk of the eoiiiity court in his office, 
and the amount of the same, allowed b}' said county court, 
shall be certitied by the clerk of said court to the board of 
education of the proper district. 

49. The auditor shall include the taxes so returned de- 
li ncjueut in his lists to be furnished the sheriff for sale for 
other delinquent taxes. 

50. There shalLbe a lien on all real estate for the dis-. 
trict levies assessed thereon from the time of such assess- 
ment in such year, and interest upon sxich levies at the 
rate of six per cent, per annum, from the twentieth day of 
January in the year following that in which the assess- 
ment is made, until payment. 

51. A copy of the list of personal jDroperty returned de- 
linquent for the non-payment of district levies shall be 
placed by the clerk of the county coui't in the hands of 
the sheriff', or collector, for collection, to be collected and 
accounted for by him in the same manner as for levies 
originally placed in his hands for collection : and he may 
c-ollect such levies by distress or otherwise, at any time 
within two years after they are so placed iu his hands. 

As ampnded hj 52. Every sheriff', or collector, shall be allowed three 
ynap. 77, Acts p^j. (.entum commissions on the collection of all district 
levies for free school pui'poses. ' In addition to the settle- 
ments required of each board of education of a district, 
every sheriff', or collector, of school moneys shall also make 
annual settlements b}' districts with the count}' court of 
each county, at its next term after the first day of Septem- 
ber of each year, showing the amount of all moneys re- 
ceived and disbursed by him for the preceding year for 
school and building purposes, from state and from the dis- 
trict and independent school district funds and the amount 
due to each district ; which settlement shall be made mat- 
ter of record by the clerk of said court, in a book to be 
kept for that piu-pose. 

All accounts and vouchers required to be returned to 
the clerk of the county court by section forty-six of this 
chapter, shall be filed by said clerk in his office, and the 
file of each district shall be kept separately. 

If any sheriff, or collector, of school moneys shall fail 
to make the settlement required by this section at the time 
required, he shall forfeit fift}* dollars to the general school 
fund, and a like penalty shall be incurred by him for each 
subsequent term of the court that shall pass without such 
settlement. And the sheriff, or collector, shall, moreover, 
be charged with twelve per cent interest on all school 



School Law. 29 

moneys in his hands for the time he is in default in mak- 
ing the settlement required in this section, which interest 
shall be charged uj) against him when the settlement shall 
be made. 

When the sheriff, or collector, shall fail to make this set- 
tlement at the time required herein, it shall be the duty of 
the prosecuting attorney to proceed by action against him 
and his securities in the county court, to recover the fine 
imposed upon him bj^^ this section. Everj^ sheriff or col- 
lector shall, moi-eover, be liable to any person injured in 
consecjuence of his failure to make the settlement herein 
required. 

This settlement shall extend back to the time when the 
sheriff became collector of district levies for school pur- 
poses. 

If any board of education fail to make the settlements 
required by section forty-six of this chapter, with the 
sheriff, when requested by him to do so, each member of 
such board so failing or refusing shall be fined twenty dol- 
lars for the benefit of the school fund. 

The clerk of the county court shall transmit a copy of 
the settlement to the state superintendent of free schools, 
within ten days after the same has been made. 

ELECTION OF COUNTY SUPERINTENDENT. 

53. A county superintendent shall be elected as is pre- 
scribed in section two of this chapter, on the first Tuesday 
in August, in eighteen hundred and seventj^-seven ; and on 
the same day and month every two years thereafter. His 
term of office shall commence on the first day of Septem- 
ber next succeeding his election, and continue for two 
years, and until his successor shall be elected and qualified 
according to law : Provided, That the term of office of 
county superintendents elected in eighteen hundred and 
seventy-three, shall commence on the first day of January, 
eighteen hundred and seventy-four, and continue till the 
thirty-first clay of August, eighteen hundred and seventy- 
five, inclusive, and until their successors are elected and 
qualified. 

54. He shall be a person of good moral character, of tem- 
perate habits, of literary acquirements, and skill and 
experience in the art of teaching. His compensation shall 
not exceed three hundred dollars in any one year. To every 
account for services made out by him he shall append his 
affidavit that for the number of days therein charged he 
was actually and necessairly employed in the discharge of 
his official duties. When such account is audited and allowed 
by the county court, the clerk of said court shall report the 
same officially to the state superintendent of free schools, who 
shall pay the same by his order drawn upon the auditor 



30 School Law. 

in half yearly instalments. But no such paj'inents shall be 
made until the county supcvintendent has made reports, re- 
quired of him by this chapter, to the state superintendent 
of free schools.' The same shall be paid out of the state 
fund, but the amount thereof shall be deducted by the 
auditor from the amount next to be distributed to such a 
county. He shall, before entering- upon the duties of his 
office, execute a bond conditioned according to law, before 
the clerk of the county court of his county, in the sum of 
five hundred dollars, with approved security, upon which 
bond he shall be liable in any court having jurisdiction, to 
any ^jerson or persons, or to any district board of educa- 
tion for loses sustained by reason of his neglect or non- 
performance of duties imposed by this act. Said bond 
shall be filed in the office of the clerk of the county court, 
who shall within five days certily to the state superin- 
tendent of fi"ee school the name of said county superinten- 
dent and his postoffice address: Provided, That coitnty 
superintendents elected under provisions of former acts 
shall continue in office until their successors shall have 
been elected and qualified under this act, and they shall 
receive the same compensation for their services, and in 
the same manner as is provided for county superinten- 
dents in this act. Yacancies in the said office shall be filled 
by the jjresidents of the boards of edtication in the county, 
a majority being present ; for Avhich purpose the clerk of 
the county court shall notify them to meet within ten days 
after such vacancy shall occur. Such appointments shall 
be for the unexpired term, or tmtil a successor has been 
elected and equalified. 

55. The county superintendent shall visit the schools 
within his count}", at.least once, at such time as he may 
deem necessary and proper, and note the course and meth- 
od of instruction, andfthe branches taught, and give such 
directions in the art of teaching, and the method thereof, 
in each school, as to him shall seem -necessary or exped- 
ient, so that uniformity in the cotirse of studies and meth- 
ods of instruction employed shall be secured, as far as 
practicable, in the schools of the several grades, respect- 
ivelv. He shall acquaint himself, as far as practicable, 
with the character and condition of each school, noting any 
deficiencies that may exist, either in the government of 
the school, the classification of its scholars, or the method 
of instruction employed in the several branches, and shall 
make such suggestions, in private, to the teacher, orally 
or by writing, as to him shall appear to be 'necessary to 
the good order of the schools and the progress of the 
scholars. He shall note the character and condition of 
the school houses, the sufficiency or insufficiency of their 
furniture and fixtiires, and shall make such suggestions to 
the several district boards of edtication as, in his opinion, 



School Law. 31 

shall seem conducive to the comfort and progress of the 
scholars in the several schools. 

It shall be the duty of the county superintendent to aid 
the teachers in all ])roper efforts to improve themselves in 
their profession. For this purpose he shall encourage the 
formation of county institutes' for mutual improvement; 
shall attend the meetings of said institutes whenever prac- 
ticable, and give such advice and instruction, in regard to 
their conduct and management, as in his judgement will 
contribute to their greater efficiency. In connection with 
suj^erintendents of the adjoining counties, each county 
superintendent shall encourage the formation of union in- 
stitutes ; shall attend and participate in the exercises of the 
same, as far as practicable ; and shall lise all proper means 
to imjDrove the efficiency of the teachers, and to elevate 
their profession. He shall at all times conform to the in- 
structions of the state superintendent of free schools, as 
to the matters within the jurisdiction of the said superin- 
tendent, and shall serve as the organ of communication be- 
tween him and the several district boards of education. 
He shall distribute from his office all blanks, circulars, 
copies of school laws and other communications from the 
general superintendent to the several boards and persons 
entitled to receive the same. 

56. In addition to the report mentioned in the twenty- 
second section, it shall be the duty of the county superin- 
tendent to make out and transmit to the state superinten- 
dent of free schools a detailed report of the condition and 
character of the schools within his county, noting all de- 
ficiencies and suggesting their remedies, with such remarks 
upon the operation of the school laws, as his experience 
and observation may suggest, pointing out wherein he con- 
siders them deficient. He shall also report such districts 
as have failed to make returns of the enumeration of youth 
as required in the ninetenth section of "this act; and also 
those districts that have failed to make the lev}'' required 
in sectien forty. It shall be the duty of the county super- 
intendent to make, in a well bound book to be kept for the 
purpose, a record of all his proceedings ; of all certificates 
issued by the board of examiners, and of all reports made 
by him ; which book shall be the property of the office. 

SCHOOL OFFICERS NOT TO ACT AS AGENTS FOR BOOKSELLERS, 
ETC.; SCHOOL BOOKS TO BE USED. 

57. No school officer, or teacher of i»ny free school, shall 
act as agent for any author, publisher, bookseller, or other 
person, to introduce or recommend the use of any book, 
apparatu.s, furniture, or other article whatever, in the free 
schools of this state, or any one or more .of them, or di- 
rectly or indirectly contract or receive any gift or reward 



32 School Laav. 

for so introducing or reeommendino; the same, nor shall 
such person be otherwise interested in the sale, proceeds 
or profits of an}- book or other thing used, or to be used in 
said schools: Provided. That nothing herein shall be con- 
strued to apply to any book written, or thing invented by 
such person, or merchants who in connection with their 
business may desire to sell school books or other things 
used in schools, provided the same are embraced in the 
prescribed series. 

58. The following series of class books shall be used in 
the free schools throughout the state, viz: 

Reading. Spelling. ELOcrTiON. — McGuffey's New Ee- 
vised Eeaders; McGufi'eys New Eclectic Spelling Book; 
Kidd's Elocution and Yocal Culture. 

Mathematics. — Rays Arithmetics : Ray"s Test Exam- 
ples : Ray's Elementary and Higher Algebra ; Evans' 
School G-eometr}' for beginners : Eobinson's New Geom- 
etiy and Trigonometry; Eobinson's Surveying and Nav- 
igation : Robinsons Progressive Table Book. 

Grammar. — Harvey's Grammar : Kerl's Treatise for 
High Schools. 

Geography. — Kuote's Geography of West Virginia; 
Mitcholl's New Eevised Geographies : Cornell's Outline 
Maps; Guyot's Physical Chart; White's Class Book of 
Geography for Examinations ; Lesssons on the Globe, by 
Mary Howe Smith. 

History. Natural Science, etc. — Goodrich's Common 
School History ; History of the United States, by Holmes; 
Natural Philosophy — Comstock ; Philosophy of Natural 
Histor}' — Ware and Smilie ; Ehetoric — Blair ; Chemistry, 
(new edition) — Youman's; Geography of the Heavens— 
Burritt; Astronomy (Elementary) — Eobinson: Geology 
— Dana; Mineralogy — Dana; Botany — Graj— Anatomy 
and Phisiology — Cutter: Dictionary— Webster. 

It shall be the duty of the county superintendent to en- 
force, by all proper means, the use of the text books, which 
may be prescribed as herein provided, and to see that 
no others are introduced ; and if anj" teacher shall violate 
the provisions of this section, he shall be subject to the 
fine prescribed in the fifty-ninth section of this chapter. 

FINE FOR violating ANY OF THE PROVISIONS OF THIS CHAPTER. 

59. If any officer or teacher fail to perform any duty re- 
quired of him by this chapter, or violate any provision 
thereof and there is no other fine or punishment imjjosed 
therefor by law, he shall be fined not less than three, nor 
more than ten dollars, for every such offense, to be recov- 
ered before a justice ot the peace of the county; and such fine 
shall not impair or affect his liability for damages to any 



School Law. 33 

person injured, nor the liability of himself and sureties on 
his official bond. 

If the board of education of any district, or independ- 
ent school district, fail to perform any duty required by 
this act, each member of such board shall be liable to the 
full penalty imposed by this section, unless he show that 
he was not guilty of any neglect or default in the prem- 
ises. 

ANNUAL DISTRIBUTION BY THE STATE FOR SUPPORT OF FREE 
SCHOOLS. 

60. For the support of free schools there shall be a state 
tax levied, annually, often cents on the one hundred dol- 
lars valuation on all the real and personal property of the 
state, which together with the interest of the invested 
school fund, the net proceeds of all forfeiture, confiseations 
and fines which accrued to the state during the previous 
year, the proceeds of the annual capitation tax, dividends 
on bank stock held by the board of the school fund, and 
the interest accruing on stock invested in United States 
bonds, shall be set a]3art as a separate fund to be called 
"the general school fund," and shall be annually applied 
to the support of free schools throughout the state, and to 
no other purpose whatever. It shall be distributed to the 
several counties in the state in proportion to the number 
of youth therein, according to the latest enumeration made 
for school purposes ; but the auditor shall first deduct 
therefrom the aggregate salary of the state superintend- 
ent of free schools, and the necessary traveling and con- 
tingent expenses of his office, together with such other 
sums as may be required to be paid by him out of the gen- 
eral school fund. Fifty per cent, of this distributable sum 
shall be paid on the fifteenth day of October, and the re- 
mainder on the fifteenth day of January, of each year, and 
in the manner provided in the sixty-first section of this 
chapter. 

61. It shall be the duty of the auditor, on or before the 
first day of September in each year, to ascertain the amount 
which is distributable among the several counties as afore- 
said, and notify the state superintendent of free schools 
thereof, who shall thereupon ascertain the proper share of 
each county and notify the auditor and each county super- 
intendent, also the amount dedu.cted by the auditor from 
the share of his county, on account of salary paid the 
county superintendent, as required by section fifty -four, 
which amount the county superintendent shall also deduct 
from the share of his county before making his distribu- 
tion of the same among the several districts thereof. Upon 
receiving such notice, the county superintendent shall as- 
certain the proper share of each district, and independent 



34 School La%v. 

school district, of his county, according to the number of 
jouths therein, and give notice to the hoard of education 
of each district, and independent school district, in the 
county of the amount of the state fund due each, respect- 
ively, and that the same cannot be draAvn by them until 
they have made the levy reqiiired by the fortieth section 
of this chaj^ter. 

62. Upon being officially notified by the secretary of 
the board of education, in the manner provided for in the 
forty-fourth section ot this chapter, that the board of educa- 
tion has authorized the levy for school purposes, the 
county superintendent shall issue his requisition on the 
auditor, payable to the order of the sheriff of his county, 
for the amounts due such districts as may have made the 
levy aforesaid, in two equal instalments, payable on the 
fifteenth day of October and January, respectively ; 
whereupon the auditor shall issue his warrant upon the 
treasurer in favor of the said sheriff for the amount of 
such requisition, indicating in writing upon said wari*ant. 
the depository upon which the same shall be drawn, and 
the treasurer shall there U2)on be authorized and required 
to draw his check upon the said depository for the said 
amount. The requisition of the county superintendent 
shall be in lorm or in substance as follows: 

Office of County Superintendent of Free Schools, ) 

county. . 187 — . \ 

Auditor of West Virginia: 

Pav to the order of ', sheriff of county. 



dollai\s, being the amount of .state school fund apportioned 

to the district (or independent school district) of , in 

said county, for the year 187 — , authorized to be drawn 

on the fifteenth day o± , 187 — . It is hereby certified 

that the said district (or independent school distinct) has 
made the levy for school purposes as required by section 

. chapter , code of West Tirginia. and that the 

sheriff of the county has given the security required in 

section . of said chapter. 

. County Superintendent. 

state superintendent of free schools. 

63. There shall be elected a state superintendent of free 
schools for the state, whose term of office shall be the same 
as that of the governor. He shall be a person of good 
moral character, of temperate habits, of literary acquire- 
ments, and skill and experience in the ai"t of teaching. 
He shall receive annually the sum of one thousand five 
hundred dollars in payment for his services, to be paid 
monthl}' out of the school fund upon warrant of the aud- 
itor. If in the performance of any such duty imposed 



School Law. 35 

upon him by the legislature, he shall incur any expenses, 
be shall be reimbursed therefor; provided the amount does 
not exceed five hundred dollars in any one year. 

64. The state superintendent shall reside and keep his 
office at the seat of government. He shall provide a seal 
for his ofiice, and copies of his acts and decisions, and of 
papers kept in his office, authenticated by his signature 
and official seal, shall be evidence equally with the orig- 
inal. He shall sign all requisitions on the auditor for the 
paj'^ment of money out of the state treasury for school 
purposes, except as hereinafter provided. 

65. The state superintendent shall be charged with the 
supervision of all county superintendents and free schools 
of the state, and see that the school system is carried into 
effect. He shall prepare and transmit to the county super- 
intendents instructions how to conduct the elections pre- 
scribed in this chapter, to keep and transmit the official 
records and ballots thereof, and the manner of ascertain- 
ing and announcing the results, so as to conform the same 
to the provisions of this chapter, and also to such pro- 
visions of the general election laws of the state as may not 
be inconsistent therewith ; he shall prescribe and cause to 
be prepared all forms and blanks necessary in the details 
of the system, so as to secure its uniform operation 
throughout the state, and shall cause the same to be for- 
warded to the several county superintendents, to be by 
them distributed to the persons entitled to the same. He 
shall cause as maay copies of this chapter and other school 
laws in force, with such forms, regulations and instructions 
as he may judge expedient, thereto annexed, to be from 
time to time published, as he may deem expedient, and 
shall cause the same to be forwarded to the county super- 
intendents, to be by them distributed to the persons enti- 
tled to i-eceive them. 

66. It shall be the duty of the state superintendent to 
aim at perfecting the system of free schools as established 
in this state ; and for this purpose it shall be his duty to 
correspond with educators and school officers abroad, to 
acquaint himself with various systems of free schools 
established in other states and countries, collate the results 
as exhibited in the reports of their several superintendents, 
and to use all efforts necessary to enable him to render 
available to the purposes of the legislature, the combined 
results of the experience of other communities with his 
own experience and observation. He shall acquaint him- 
eelf intimately witii the peculiar educational wants of each 
section of the state, and shall take all proper means to 
hupply them, so that the schools shall be as nearly as pos- 
sible equal and uniform in grade throughout the state. 



36 School Law. 

He shall acquaint himself Tvitli the different systems and 
methods of instruction which may be introduced among 
educators, and shall exj^lain and recomm.end such as expe- 
rience and sound principles of education may have demon- 
strated to be valuable ; and it shall be his duty to endeavor 
to render available to the peoj^le of this state all such im- 
provements in the system of free schools, and the methods 
of instruction, as may have been tested and proved by the 
experience of other communities. 

67. He shall, on or before the first day of January, of 
each year, make a report to the governor, to be by him 
transmitted to the next regular session of the legislature, 
in regard to the condition of fi-ee schools within the state, 
embracing all statistics compiled from the reports of the 
county superintendents, and such other authentic informa- 
tion as he can ]3rocui'e. which will be necessary to give a 
proper exhibition of the working system, together with 
such plans as he may have matured for the management 
and improvement of the school fund, and for the better 
and more jDerfect organization and efficiency of free schools ; 
and likewise all such matters in relation to his office and 
to fi-ee schools as he may deem expedient to communicate. 

ArDITOR. 

68. The auditor shall, annually, before the first day of 
!N'ovember, deliver to the governor and the state superin- 
tendent of free schools, each, a report, made itp to the first 
day of September next preceding, of the condition of the 
school fund, with an abstract of the accounts thereof in 
his office, which report the governor shall lay before the 
legislatui'e at its next regtilar session. 

69. The governor, state superintendent of free schools, 
auditor and treasm^er, shall be a corporation under the 
name of "the board of the school fund," and shall have 
the management, conti'ol and investment of said fund, 
under the fourth section of the twelfth article of the con- 
stitution. The governor shall be president of the board, 
and in his absence the board may choose one of their num- 
ber to preside temporarily in his place. The auditor shall 
be the secretary of the board. A faithful record shall be 
kept of all their proceedings, and a copy thereof, certified 
by the secretary of the board, shall be evidence in all cases 
in which the original would be. 

70. A meeting of the board maV be held at any time, 
upon the call of any member thereof, provided notice be 
given to all the members who may be at the seat of gov- 
ernment. The auditor's office shall be the place of meet- 
ing, and the proceedings shall be signed by the president. 



School Law. 37 

and secretary of the meeting; for that clay, and shall be 
open to inspection at all times. 

71. All the money which ought to be paid into the 
treasury to the credit of the school fund shall be recovei-a- 
ble with interest by action or motion before any court 
having jurisdiction, and the auditor shall institute and 
prosecute said action or motion when thereto directed by 
the board. 

72. The board may appoint agents for the collection of 
debts or claims, and authorize them to secure payment 
thereof, and to protect the interests of the school fund, on 
such terms as it may ajDprove. The}^ shall take bond from 
said agent, if any money is to come into his hands ; and 
any agent selling lands, when directed to do so by the 
board, shall execute a deed, (with the resolutions giving 
such directions thereto annexed), conveying to the pur- 
chaser by special warranty. Said agent may be allowed 
by the board a compensation not exceeding, in any case, 
live per cent on the money actually paid into the treasury. 

STATE SCHOOL FUND — HOW INVESTED. 

73. All such sums as have accrued, or shall hereafter ac- 
crue to this state, from the several sources enumerated in 
the fourth section of the twelfth article of the constitution, 
shall be set apart as a separate fund to be called " the 
school fund," and it shall be the duty of the auditor to 
ascertain from time to time what sums have so accrued, or 
may hereafter accrue, and to pass the game to the credit of 
said fund ; and it shall be the duty of the board of the 
school fund, from time to time to invest the same in the 
interest bearing securities of the United States, or of this 
state, or otherwise, provided for in said fourth section of 
the twelfth article of the constitution. And it shall be 
the duty of said board to sell any investments on account 
of the school fund now made in other securities than 
those required in said fourth section of the twelfth article 
of the constitution, and invest the proceeds thereof in the 
interest bearing securities of the United States, or of this 
state, or otherwise, as provided in the constitution afore- 
said. 

74. The auditor shall be the accountant of the board, ex- 
ercising any of their powers, except that he shall not, 
without special authoritj^, entered upon the records of their 
proceedings, disjjose of any property or invest any money 
of the school fund. He shall place the securities in which 
said school fund is invested, in such depository for safe 
keeping as the board shall direct. All money belonging 
to the school fund shall be received into and paid out of 



38 School Law. 

the treasury upon the warrant of the auditor. But no 
warrant for paying out such money shall be issued with- 
out the authority of the hoard. 

CITY OP WHEELING CERTAIN TOWNS, ETC. 

75. Nothing in this chapter shall alter or affect the laws 
now in force respecting the free schools in the city of 
Wheeling, and the parts of districts connected therewith ; 
nor shall anything in this chapter be construed as abolish- 
ing any independent school district heretofore created, or 
as affecting any right or privilege conferred upon them, 
respectively, in the acts of the legislature by which they 
have been "created : except so far as such right or privi- 
lege may be inconsistent with the provisions of this chap- 
ter, in which independent school districts are specifically 
included. In the independent school districts of Wheeling 
an dMoundsville none but practical educators, who shall have 
had at least three years of practice as teachers in graded 
schools shall be eligible to the office of superintendent. 

WEST VIRGINIA UNIVERSITY. 

76. "The agricultural college of West Yirginia," located 
and established in pursuance of the act passed February 
7, 1867, entitled "An act for the regulation of the West 
Virginia agricultural college," shall be and remain as so 
established and located; and all the provisions of said 
act, except so far as the same may be altered by this chap- 
ter, shall remain m full force and effect to the same extent 
as if this act had not been passed. 

77. The same name of said college shall hereafter be 
the "West Yirginia University," by which name it shall 
have and hold'all the property, funds, investments, rights, 
power and privileges now had ull^ held under the name 
prescribed in the above recited act. 

78. For the government and control of the said Uni- 
ae amended by versity. there shall be a board of regents, consisting of one 
Oiap. 115, Acts pepgojj ' ti'om each senatorial district, to be appointed by 

the governor, as provided by law, to be called the regents 
of West Virginia University. And as such they may sue 
and be sued.'and have a common seal. Any three of said 
regents shall constitute a quorum for the transaction of 
business, except that for making arrangements for the 
erection of buildings, or the permanent alteration thereof, 
or the appointment to or removal from office of professors, 
the concurrence of a majority of the regents shall be re- 
quired. The term of office of the members of the present 
board of regents shall expire on the thirtieth day of June, 
one thousand eight hundred and seventy-seven, and on 
that day a board ot regents shall be appointed, and on 
that day in each year thereafter, tAvo of the regents so ap- 



School Law. 39 

pointed shall retire from said board. Those appointed 
fi'om the first and second senatorial districts shall retire at 
the end of the first year, and those of the third and fourth 
districts at the end of the second year, and so on in con- 
tinuous rotation, following the order in which the said 
senatorial districts are numbered respectively. Vacancies 
in said board shall be filled by the governor as aforesaid, 
as they occur. 

79. The fund derived from the sale of United States 
land warrants which have been donated to this state, for 
the purpose of endowing an agricultural college, shall be 
invested' by the governor in a loan of public stock of the 
United States, or otherwise, as required by Congress, for 
the use and benefit of the said University. 

80. The board of regents shall from time to time estab- 
lish such departments of education in literature, science, 
art, agriculture and military tatties as they may deem 
expedient, and as the funds under their control may war- 
rant, and jDurchase such materials, implements and appa- 
ratus as may be requisite to proper instruction in all said 
branches of learning, so as to carry out the spirit of the 
act of congress aforesaid, approved July second, eighteen 
hundred and sixty-two. And they shall also appoint a 
superintendent, who shall have general supervision and 
control of the property and interests of said board. 

81. The said board shall establish and declare such rules 
and regulations and by-laws, not inconsistent with the 
laws of this state or of the United States, as they may 
deem necessary for the proper organization, the tuition 
and good government of said university and the protec- 
tion of the public property belonging thereto ; they shall 
appoint a treasurer, taking bond from him with ample 
security, and conditioned for the faithful keeping and dis- 
bursing of such money as is herein or may be hereafter ap- 
propriated, and such other money as may be allowed by 
said board to come into his hands from time to time ; they 
shall also settle with him annually, or offcener if they think 
best; inspect annually all the property belonging to said 
University, and make a full rej)ort of the condition, in- 
come, expenditure and management of said University an- 
nually to the governor, to be b3" him laid before the legis- 
lature. 

82. The board shall have power to create a prejaaratory 
department to said University, and establish any other 
professorships than those indicated heretofore, if the same 
be deemed essential; to fix the salaries of the several pro- 
fessors and of the superintendent, and to remove them for 
good cause ; but in case of removal the concurrence of a 



40 School Law. 

majority of the regents shall be required, and the reasons 
for a removal shall be communicated in a written state- 
ment to the governor. 

83. Besides prescribing the general terms upon which 
students may be admitted, the course of their instruction, and 
the kind and duration of their services (which duration 
shall not exceed five, or be less than two years), the said 
regents are still further empowered to admit as regular 
students or cadets of said University from each judicial 
circuit in the state, three or four, and not more than four, 
jT^oung men, who are not less than sixteen nor more than 
twenty-one years of age, to be appointed by the regents 
of said judicial circuit ; the admission in each case to be 
made upon undoubted evidence of a fair moral character. 
But should no application be made from any of said judi- 
cial circuits, then the vacancies may be filled from the 
state at large. 

84. The cadets admitted under the provisions of the pre- 
ceding section shall be entitled to all the privileges, immu- 
nities, educational advantages and benefits of the Uni- 
versity, free of charge for admit^sion, tuition, books and 
stationery, and shall constitute the public guard of the 
University and of the public propert}^ belonging thereto ; 
a sufficient number and quantity of ordnance and ordnance 
stores, and camp and garrison equipage, which shall be kept 
in the arsenal belonging to the institution. And the profes- 
sors and the students of the University receiving instruction 
in military tactics and the art of war, shall be individually 
and collectively responsible for the preservation and safe 
keeping of all arms and camp equipage belonging to said 
institution. 

85. All reasonable exj)enses incurred by said regents in 
discharging the duties hereby imposed upon them (not, 
however, including wages or per diem compensation), shall 
be allowed by the governor and paid out of the treasuiy 
of the state, in like manner as other sums are drawn there- 
from : Provided, hoivever, That such expenditures shall not 
exceed five hundred dollars per annum. 

86. The president, board of regents and facult}^ ma}' 
graduate any student of the Universitj'' found (after proper 
examination) duly qualified, and shall certify the same by 
affixing the seal of the University to his diploma. 

WEST VIRGINIA STATE NORMAL SCHOOL. 

87. The ''AVest Virginia state normal school," estab- 
lished under and by virtue of the act passed February 
twenty-seventh, eighteen hundi-ed and sixty-seven, entitled 



School Law. 41 

"An act for the establishment of a state normal school," 
shall be and remain at Marshall College, in the county of 
Cabell, as provided in said act ; and all the provisions of 
said act, and of all other acts in relation thereto, shall be, 
and remain in full force, except so far as the same may be 
altered by this chapter. For the government and control 
of said school there shall be a board of regents, consisting 
of the governor, state superintendent of free schools, audi- 
tor and treasurer, together with one person from each con- 
gressional district of the state, to be appointed by the 
governor, who shall be called "the regents of the state 
normal school," and as such may have a common seal, sue 
and be sued, plead and be impleaded, contract and be con- 
tracted with, and take, hold and possess real and personal 
estate for the use of said school; and may exchange so 
much of the real estate now held by them for such use, for 
other real estate owned by the Central Land Company of 
West Virginia, as may be necessary to conform the bound- 
ary lines of real estate so held and to be held by them, to 
the aventies, streets and alleys of the city of Huntington, 
and execute and receive the proper conveyances therefor. - 
Any such conveyance, executed by and in the name of the 
"regents of the state normal school," and acknowledged 
on behalf of the said regents by the state superintendent 
of free schools, shall be valid and effectual to pass to the 
grantee therein all the title of the state to the real estate 
conveyed thereby. The transfer and conveyance by the 
board of supervisors of Cabell county of the lands and 
buildings of Marshall college to the regents of said school, 
heretofoi'e appointed, is hereby accepted, confirmed and 
legalized. But in case the said school should at any time 
hereafter be removed from the said Marshall College, the 
said proi^erty so conveyed shall revert to and be vested in 
the county court for the use cf the said county of Cabell. 

88. The regents appointed by the governor as aforesaid, 
shall hold their office during his pleasure. The said 
school shall be under the general supervision and control 
of the said regents. They shall have full power and 
authority to adopt and establish such by-laws, rules and 
regulations for its government as they may deem necessary 
and proper, to effect the objects of its establishmeDt, not 
inconsistent with the laws of this state. They shall fix 
the number, and compensation of the teachers, and others 
to be employed therein, and appoint and remove the same ; 
prescribe the preliminary examination of pupils, and the 
terms and conditions on which they shall be received and 
instructed in said school ; the branches of learning to be 
taught in each department thereof; and shall determine 
the number of pupils to be received in the normal depart- 
ment of said school, from each county or judicial circuit of 
this state, conforming as nearly as possible to the ratio of 



42 School Latt. 

popiTlation. therein, and the mode of selecting them. The 
pupils admitted into the normal department of said school 
shall be admitted to all the privileges thereof, free from 
, all charges, for tuition, or for use of books or apparatus : 
but everr such pupil shall pay for all books lost by him or 
any damage done by him to such books or apparatu.s; 
and any pupil in said school may be dismissed therefi'om 
by said regents, or by the executive committee, subject to 
the approval of the regents, for immoral or disorderly con- 
duct, or lor neglect or inability to perform his duties. The 
state superintendent of free schools shall prepare suitable 
diplomas to be granted to the students of the normal de- 
partment of said school, who have completed the course 
of study and discipline prescribed by said regents. The 
said regents may establish a pay department in said 
school, whenever the accommodation thereof will admit 
of the same, and may admit into such department so many 
paying .-students as can be accommodated therein from this 
or any other state, giving the preference to citizens to thi^ 
state, whether they desii'e to become teachers of schools or 
not. They may cause to be taught in the said department of 
said school, all or any of the branches of learning usually 
taught in colleges and seminaries, and for that purpose, 
may establish therein the necessary professorships. They 
may also make all the necessary rules and regulations for 
the government of the said department, and prescribe the 
tuition and terms of admission therein. The said school 
shall continue to be called and known by the name of 
''Marshall College." 

89. The said regents shall appoint three intelligent and 
discreet persons, residents of the county of Cabell, who 
shall constitute an executive committee for the care and 
immediate management and control of said school, subject 
to the rules and regulations prescribed by the regents. 
Said committee shall (subject to the control of said regents.) 
designated the jjerson to take charge of the boarding de- 
partment of said school and fix the price to be paid for 
board therein. They shall from time to time make full and 
detailed i*eports to said regents of the condition, working 
and jyrospects of said school, and shall do and perform 
such other duties in relation thereto as the said regents 
may from time to time prescribe. 

BRANCH OF THE STATE NORMAL SCHOOL AT FAIRMONT. 

90. The branch of the state normal school established 
at Fairmont under and in pursuance of the act passed 
March foui'th. eighteen hundred and sixty-eight, entitled. 
••An act providing for the purchase of the West Yii-ginia 
normal school at Fairmont," shall be and remain at that 
place, and all the provisions of said act shall remain in 



School Law. 43 

fall force, except so far as the same may be altered by this 
chapter. Said school shall be under the jurisdiction and 
control of the regents of the state normal school in same 
manner and to the same extent as the state normal school 
at Marshall College. 

BRANCH OF STATE NORMAL SCHOOL AT WEST LIBERTY. 

91. The branch of the state normal school established at 
West Liberty, under and in pursuance ot the act passed 
March 1, 1870, entitled, '*An act to establish a branch nor- 
mal school at West Liberty, in Ohio county," shall be and 
remain at that place, and all the provisions of said act 
shall remain in full force, excei^t so far as the same may 
be altered by this chapter. Said school shall be under the 
Jurisdiction and control of the regents of the state normal 
school, in the same manner and to the same extent as the 
state normal school at Marshall College. 

BRANCH NORMAL SCHOOL AT (iLENVILLE. 

92. The branch of the state normal school established 
at Glenville, under and in pursuance of the act passed the 
nineteenth day of Pebuary, 1872, entitled, "An act to es- 
tablish a branch normal school at Glenville, in Gilmer 
county," shall be and remain at that place, and all the 
provisions of said act shall remain in full force, except so 
far as the same may be altered by this chapter. Said 
school shall be under the jurisdiction and control of the re- 
gents of the state normal school, in the same manner and 
to the same lextent as the state normal school at Marshall 
College. 

BRANCH NORMAL SCHOOL AT SHEPHERDSTOWN, 

93. The branch of the state normal school established 
at Shepherdstown, under and in pursuance to the act passed 
and approved February 14, 1872, entitled, '^An act to estab- 
lish a branch normal school at Shepherdstown, in the 
county of Jefferson," shall be and remain at that place 
and all the provisions of said act shall remain in full force 
e:scept so far as the same may be altered b}^ this chapter. 
Said school shall be under the jurisdiction and control of 
the regents of the state normal school, in the same man- 
ner and to the same extent as the state normal school at 
Marshall College. 

TO PROHIBIT DEALINGS WITH STUDENTS. 

94. If any money be lent or advanced, or anything be 
sold or let to hire, on credit to or for the use of any stud- 
ent or pupil under twenty-one years of age, at the West 
Virginia University, the West Virginia state normal 



44 School Law. 

school or any of its branches, or any incorporated college 
in the state, without the previous permission in writing of 
his or her parent or guardian, or the president or princi- 
pal of such institution, nothing shall be recovered therefor 
and there shall, moreover, he forfeited to the state twenty 
dollars, and the amount or value of such thing. When 
such selling, letting,- lending or advancing is by an agent, 
such forfeiture shall be by his principal, unless the prin- 
cipal, shall w^ithin ten days after he has knowledge or in- 
formation of the selling, letting, lending or advancing, 
give notice in writing of the date, nature and amount 
thereof to the president or other head of the institution, 
in which case the forfeiture shall be by the agent. This 
section shall not apply to a ^Derson selling or letting in ex- 
pectation of immediate payment, if he shall, within ten days 
thereafter, give notice in writing of the date, nature and 
imount of the sale or letting, to such president or head. 



CHAPTEE VI. 

AN ACT making appropriation for the support of the 
state normal school and its branches, for the school year 
ending m one thousand eight hundred and seventy-seven, 
and the school year ending in one thousand eight hun- 
dred and seventy-eight, and providing the manner in 
which the same shall be paid. 

[Passed February 7, 1877.] 

Be it enacted by the Legislature of West Virginia : 

1. That the principals of the state normal school and 
its several branches shall make at the close of each session 
thereof to the president of the board of regents, in addition 
to the annual reports required of them, a report under 
oath of the number of non-paying normal pupils, and the 
number of paying pupils in the several departments of the 
school in actual monthly attendance during said session. 

2. That the president of the board of i-egents of the 
normal school, upon receipt of the reports required in the 
first section of this act, shall furnish the auditor ot the 
state with the number of the non-paying normal pupils in 
actual monthly attendance in each of the said normal 
schools, and the number of months of actual attendance; 
upon the receipt of which report, and on the requisition of 
the president of the board of regents, the said auditor shall 
issue to the "executive committee" of each of said schools, 
warrants upon the treasury of the state for the amount due 



School Law. 45 

said schools, at the rate of three dollars and fifty cents per 
month for every non-paj^ing normal pupil reported as in 
monthly attendance, which said sum shall include tuition 
and the use of books and apparatus : Provided, That the 
aggregate amount so approj)riated in one year to any 
normal school, shall not exceed the sum of two thousand 
dollars. 

3. That the sum of twelve thousand dollars be, and the 
same is hereby, appropriated out of any moneys in the 
treasury not otherwise appropriated for the support of the 
normal school and its branches for the school year ending 
in one thousand eight hundred and seventy-seven, and 
the like sum of twelve thousand dollars for the school year 
ending in one thousand eight Jiundred and seventy-eight, 
to be paid by the auditor of the state as provided in sec- 
tion two of this act. 

4. All moneys appropriated by the preceding section, and 
not drawn as provided for in the second section of this act, 
before the end of the school year one thousand eight hun- 
dred and seventy-seven, or the end of the school year one 
thousand eight hundred and seventy-eight, respectively, 
shall revert to the state treasury. 



CHAPTEE CXI. 

AN ACT providing more effectually for the collection and 
accounting for of state, county, district and municipal 
taxes and moneys, and the protection of payees and 
owners of drafts and orders, payable out of such taxes 
and moneys. 

[Passed March 1, 1877]. 

Be it enacted by the Legislature of West Virginia : 

1, That if any sheriff or collector of state, county, dis- 
trict or municipal taxes, or the deputy of any such officer, 
or an}^ officer or person charged with the custod}^ or dis- 
bursement of any such taxes or moneys belonging to the 
state, or to any countj^ or district thereof, or to such mu- 
nicipality, shaU in any way misappropriate any part of 
such taxes or moneys which may come to his hands by 
virtue of his office or employment, he shall be guilty of 
misdemeanor, and fined not less than one hundred nor 
more than five hundred dollars, and at the discretion of 



46 School Law. 

the court, be confined in the county jail not less than tw© 
nor more than twelve months. 

2. If any such sheriff, collector or deputy, or officer or 
person charged with the custody or disbursement of such 
taxes or moneys as aforesaid, shall discount, or directly or 
indirectly, either alone or in connection with another, pur- 
chase any di-aft or order made or drawn upon him. pay- 
able out "of any such taxes or moneys as is mentioned in 
the preceding section, for a less sum than is specified there- 
in, he shall forfeit five times the amount of siich discount. 
or of the sum less than the amount specified in such draft 
or order realized by such purchaser, one-half of which 
shall go to the person entitled to such draft or order at 
the time of such discount or purchase, and the other half 
to the state, county, district or municipality, as the case 
may be. 

3. If any such officer as hereinbefore mentioned shall 
fail or refuse to pay any draft or order lawfully drawn 
upon him, when he has. or by the use of due diligence in 
the collection of the taxes and moneys applicable to the 
payment of such draft or order, might have had. in his 
hands moneys sufficient to pay the same, he shall be guilty 
of a misdemeanor, and fined not less than one hundred nor 
more than five hundred dollars, one-half of which fine shall 
go to the person injured by such failure or refusal, and the 
other half to the state. 

4. At every settlement made by any such officer as is 
hereinbefore mentioned, as required by law, he shall re- 
turn and file a written statement of every draft, order and 
claim paid by him. for which he claims a credit, and of the 
true amount actually and in good faith paid by him thereon, 
too-ether with the drafts and orders upon which such pay- 
ments were made, and shall append to such statement his 
affidavit that the same is true: and until he does so. no 
credit shall be allowed him for any such payment. The 
making of any affidavit required by this act, falsely, shall 
be perjury. 

5. If any officer whose duty it is to collect or disburse 
an}' state, county, distinct or municipal taxes or mone3-s, 
shall fail to pay over and account tor the same, or any 
part thereof, as required by law. in any year, the proper 
state, county, district or municipal authority or authorities 
may withhold from euch officer the collection of any such 
taxes or moneys, or the disbursement thereof, for the next 
succeeding year, and may appoint a collector or disbursing 
officer of such taxes or moneys in lieu of such officer, in 
such manner as is or ma}' be prescribed by law. The 
court, board, council, officer or officers, making such ap- 



School Law. 47 

pointment, shall take fvora. such collector or officer a bond, 
with good security, in a penalty double the amount of the 
moneys which will probably come into hit^ hands by virtue 
of his appointment, payable to the State of West Virginia, 
and conditioned as the law directs. 

6. It shall be the duty of the judge of eveiy circuit 
court, and of the prosecuting attorney of every county 
court, to give this act in charge to the grand jury at every 
term of the circuit, and every grand jury term of the 
county court. 



CHAPTER CXYI. 

AJSr ACT to extend the time within which clerks of 
county courts and secretaries of district boards of educa- 
tion may certify the levies of their counties or districts 
to the auditor, when there has been a failure to do so, and 
to prescribe the time and manner in which taxes due 
such counties or districts from railroad companies shall 
be paid. 

[Passed March 2, 1877.] 

Be in enacted by the Legislature of West Yirginia : 

1. It shall be the duty of the clerk of the county court 
of every county and the secretary of the board of education 
in each district through which any railroad passes which is 
liable to said county or district for any taxes, and when 
the county or district levy- of such county or district for 
any year has not been certified to the auditor within the 
time and in the manner prescribed by law, to certify to 
the auditor on or before the first day of July, one thousand 
eight hundred and seventy-seven, the amount levied on • 
each one hundred dollars' worth of property in such coun- 
ty or district for county or district purposes for the year or 
years for which such levy was not so certified since the 
3^ear one thousand eight hundred and seventy-one, observ- 
ing the provisions of section sixtj'-seven of chapter twen- 
ty-nine of the code in regard to the railroad tax of any 
county or district, and the failure of any such clerk to so 
report shall subject such clerk to a fine of not less than fifty 
nor more than two hundred dollars. 

2. It shall be the duty of the auditor, upon the receipt 
of the certificate aforesaid, to charge every railroad com- 



48 School Law. 

pany assessed under the provisions of this act with the 
amount to which it is indebted to every county or district 
through which it passes, for county or district purposes. 

3. The auditor shall, on or before the fifteenth day of Au- 
gust, one thousand eight hundred and seventy-seven, 
transmit by mail or otherwise to the jDresident, secretary 
or principal accounting ofiicer of tlie railroad company so 
charged a detailed statement of the amount with which "it is 
charged ; and it shall be the duty of such railroad com- 
pany to pay the whole amount of the taxes so charged 
against it into the treasury of the state on or before the 
theitieth day of September, one thousand eight hundred 
and seventy-seven. 

4. If any railroad company, having its projjerty so as- 
sessed or taxed under the provisions of this act, fail or re- 
fuse to pay such tax within the time and in the manner pre- 
scribed in the preceding section, the auditor shall add ten 
per cent to the amount thereof to pa}' the expense of col- 
lecting the same, and shall certify to the sheriff of each 
county the amount of such tax assessed within his county, 
and it shall be the duty of such sheriff to distrain for and 
collect and account for such tax in the manner in which he 
is required by law to account for other county or district 
taxes. 

5. When such taxes is paid into t^ie state treasurj^, as here- 
inbefore provided for, the auditor shall account to the 
sheriff of each county for the amount thereof to which 
such county or district may be entitled, and may arrange 
the same with such sheriff in his settlement for state taxes 
in the way and manner most convenient. And said sheriff" 
shall account to the county court of his county (or other 
tribunal substituted in lieu thereof) and the board of edu- 
cation of such district for the amount so received b}' him 
in the way and manner in which he is required by law to 
account for other county or district taxes. 

6. The auditor shall certify to the county court of every 
county (or other tribunal substituted in lieu thereof) and 
to the board of education of the district the amount with 
which the sheriff of such county is chargeable for taxes 
levied under the provisions of this act. 



APPENDIX, 



FOKM NO. 1. 

NOTICE OP SCHOOL ELECTIONS. 

Pursant to section 2 of Chapter 77, Acts of 1877, (School Law,) 

an election will be held at school house, in 

sub-district of. , district of. county on the 

SECOND FEIDAY OF AUGUST, 18 — , 

from nine o'clock a. m., till six o'clock p. M., of that da3^ for the pur- 
pose of choosing a Board of Education, to consist of a President and 
two Commissioners for district, and a County Superin- 
tendent for the county of ; also, to take the sense of 

the voters of. dis trict, on the question of granting to the 

Board of Education of said district authoi'ity to levy for the support 
of the free schools therein. 

By order of the Board of Education. 

..Secretary. 



FOEM NO. 2. 



^ FORM OP ORDER DESIGNATING VOTING PLACE. 

There being more than one school house in sub-district 

in school disti'ict. It is ordered by the Board of Education 

of said district, that the election of school officers, to be held on the 

7 



50 

day of , and for other purposes, shall be held at 

school house in said sub-district, 

, Pres't. 

, Sec. 

Board of Education. 

Note. — This order must be entered of record by the Board of Educa- 
tion, and the place designated in the order be inserted in the notice, 
in torm No. 1. 



FOKM NO. 3. 

Names of all persons voting at the school house in the 

sub-district of the school district of the county of 

state of West Yirginia, for election of a County Superin- 
tendent of Free Schools, a Board of Education to consist of a Presi- 
dent and t^o Commissioners, and a Trustee for said 

sub-district of the said school district of the county 

and state aforesaid, this Friday, the day of August, 18 , as 

provided by law. 



FORM OP POLL BOOK. 



51 



FOEM No. 3— Continued. 

Tally of votes cast at the election held on the day of. August, 18 

at the school house, in sub -district No of the 

school district of the^ county of , state of 

West Virginia. 



o S 
>1- 



JH 



Offi ces. 


Names of Persons Voted For. 


o 

1 

s 
s 
o 


% 


1 

"S.S 
«l 

<u 3 
1 





Tally op Votes Cast. 




FOR POWER TO LEVY. 
^ AGAINST POWER TO LEVY. 



We , Judge, and , Clerk, having been 

first chosen by the people to conduct the election, and duly sworn, do 
hereby certify that the foregoing contains a true statement of the 
polls "taken ibr the several officers and purposes therein stated, at 

, school house, in sub-district JSTo , 

in" district, in......... county, on the second 

Friday of August, 187 . ^ . 

Given under our hands, or "signed by us," this day of 

August, 187 . 

° , Judge. 

■ Clerk. 



« 52 

FOEM XO. 4. 

INSTRrCTIONS TO OFFICERS CONDUCTING ELECTIONS FOR SCHOOL 

OFFICERS. 

1. The following named school officers will be elected on the second 
Friday of August, 18 : 

A County Superintendent for each county ; 

A Board of Education, to be composed of a President and two Com- 
missioners for each district, and 

Such officers as the special law creating it provides for each inde- 
pendent school district. 

At the same election shall be taken the sense of the voters of each 
school district, on the question ot authorizing the annual levy for 
school piirposes. School Law, sec. 2. 

2. The Boards of Education will, at least three weeks before the 
second Friday of August, post a notice of this election on the door of 
the house in which the election is to be held, and at other places if they 
see proper to do so. Sec*. 2, School Law. 

3. When the voters shall have assembled at the place of voting on 
the morning of election, or a reasonable number of them to do so, they 
shall choose a judge and clerk of the election. The judge will preside 
at the election and see that all legal voters are permitted to vote, and 
reject all persons not entitled to vote in the sub-district. 

4. The voting must be by ballot, but it may be open, sealed or 
secret ballot, as the voter mav see proper. See Constitution, art 
lY., sec. 2. "^ 

5. It will be the duty of the Clerk to record the name of each voter 
. on the poll-book as his vote is deposited in the ballot-box, and num- 
ber the voters consecutively. See acts 1873. chap. 118, sec. 22. 

6. In case of a tie for the office of Trustee, the judge of the election 
shall give the casting vote. School Law. sec. 2. 

7. As .soon as the polls are closed, the judge and clerk of the election 
shall open and count the ballots cast at the election, and ascertain 
how many votes were cast for each candidace voted for. and also how 
many votes were cast "for power to levy," and "against power to 
levy,' and mark them down on the tally sheets, each under the ap- 
propriate head, and give a certificate of election to the candidate 
having the highest number of votes for Trustee, signed by the judge 
ar.d clerk. 

8. The facts above stated having been ascertained, the judge of tlie 
election Avill put all the ballots cast at said election into an envelope, 
seal it, and write his name across the seal, and send it to the secretary 
of the Board of Education of the district of which the sub-district in 
which the election was held is part. 



53 

The law requires that within ten days after the holding of said 
election, the judge who conducted it shall forward to the secretary of 
the Board of Education of his district the full official records of the 
election as held by him. I would recommend that such records be 
sent by the judge immediate!}" after the envelopes have been sealed 
up as above directed, and not wait till near the expiration of the ten 
days. 

9. The judge and clerk conducting the election shall, before en- 
tering upon the discharge of their duties, take an oath to the follow- 
ing effect : " I, A B, do solemnly swear that I will support the 

constitution of the United vStates, the constitution of this state, and 
that in the election about to be held I will faithfully discharge my 
duties to the best of my skill and judgment. So help me God." If no 
person shall be present who is authorized to administer an oath, or, 
being present, refuses to do so, the jxidge shall administer the oath to 
the clerk, and the clerk shall thereupon administer the said oath to 
the judge. See election law, passed 1873, chap. 118, sec. 17. 

Heavy penalties are imposed upon both the judge and clerk for 
fraud in the dischai'ge of their duties. 

Neither the judge nor clerk of these elections Avill be eligible to 
hold anv office to be filled at an election at which they preside. Sec. 
2, School Law. 

10. The Board of Education of each district shall assemble on the 
second Monday after each election for school officers, and, a majority 
of them being present, shall open the ballots and examine them to 
see that they correspond with the tallies made by the judge and 
clerk of the sub-district. They shall also examine all the other 
records of such elections, and if mistakes have been made, correct 
them, and ascertain who has received the largest number of votes for 
the several officers of the district Boards of Education, and give certifi- 
cates of election to those entitled thereto, and also ascertain whether 
the majority of the votes cast in the district was for or against a 
levy for school purposes. School Law, sec. 2. 

And in case of a tie for members of the Board of Education, the 
County Superintendent shall give the casting vote. 

11. The Board of Education of each distriet shall also ascertain 
the sum of the votes cast in each sub-district of their district, for the 
different persons voted for as County Superintendent, and, within five 
days, report the same to the clerk of the County Court; the board 
will then place the ballots of each sub-district in a sealed envelope, 
and the president will write his name across the seal, and also state 
on the back of the envelope what sub-district voted the ballots en- 
closed, and retain them for one year, to be used in case of a contest- 
ed election for any office. 

12. The clerk of the County Court shall ascertain from the reports 
made to him by the Board of Education, the person who has receiv- 
ed the largest number of votes for County Superintendent, and give 
him a certificate of election, and certify his name and postoffice ad- 
dress to the State Superintendent. 



54 

13. If the clerk of the CouDty Court finds that there is a tie in the 
rote for County Superintendent, he shall give notice to the presi- 
dents of the several Boards of Education of his county, to meet at the 
court house on a day to be fixed by him. to choose, by vote, one of 
the candidates for County Superintendent. School Law, sec. 2. 

14. Whenever the word district is used, it means that division of 
territory which, under the old Constitution, was known as townships, 
over which a Board of Education presides. Independent school dis- 
trict, is that division of territory which has been designated by special 
act of the Legislature for that purpose, which is presided over by such 
officers as the act creating it provides. Sub-district is the name giv- 
en to the sub-divisions of the districts over which Trustee presides. 

15. Section 40. of the school law provides, that for the sup- 
port of primary free schools of their district and each independent 
school district, the Board of Education thereof, shall annually lev^^, by 
the authority of the people, as prescribed in section 2, such tax on 
the property taxable in the district as will, with the money receiv- 
ed from the state, be sufficient to keep the schools in operation for 
at least four months in the year. 

By this provision I understand that the board of officers of each in- 
dependent school district, who discharge the duties devolving on the 
Board of Education of other districts, are required to submit the ques- 
tion of levy for school purposes to the people at the August election, 
as provided in section 2 of the school law. 

The special acts creating these independent district are so various, 
nd the officers created by them have so many different names, that no 
general instructions can be given applicable to them all. But their offi- 
cers will be elected as heretofore, according to the special laws pro- 
viding for their creation and government. 

W. K. Pendleton, 
State Superintendent of Free Schools. 



FOEM Xt). 5. 

CERTIFICATE OF BOARD OF EDUCATION. 

Showing the sense of the votes cast in the several sub-districts of 

district of county, for the persons voted for as 

County Superintendent, to be sent to the clerk of County Court. (See 
sec. 2. School Law). 

The Board of Education for district of county, a 

majority being present, having cai*efully and impartially examined 

the returns of the election held in said district on the day 

of 18 , do hereby certify that in the said district for the 

office of County Superintendent 

received votes; 

received votes ; 

received votes: 

and received votes. 

In witness thereof, we, the said Board of Education, have annexed 



55 

our several signatures to this certificate, this, the .. day of 

18 



I 



Board of Education. 



FOEM. NO. 6. 

CERTIFICATE OF DISTEICT BOARD. 

Election of President. 

It is hereby certified that at the election held on the day of Aug- 
ust, 18..., was elected President of the Board of Education 

for district of county. 

By order of Board of Education of district. 

, President. 

, Secretary. 



FORM NO. 7. 

CERTIFICATE OF DISTRICT BOARD. 

Election of Commissioner. 

It is hereby certified that at the election held on the. day of 

August, 18..,, was elected Commissioner of the Board of Ed- 
ucation for district-of. county. 

By order of Board of Education of. district. 

, President. 

, Secretary. 



FORM NO. 8. 

Certificate of the Clerk of the County Court, of the election of 
County Superintendent. 

I, , Clerk of the County Court of. county 

hereby certify that I have ascertained from the reports of the Board 

of Education of the several school districts of the said county of. 

that at an election held in the several sub-districts of said county on 



56 

the day of. 18 received the largest number of votes 

tor the office of County Supei'intendent of said county, and that the 

said is duly elected County Superintendent for the term of 

two years, from the first da}' of September 18.... 

Dated this day of , 18.... 

Clerk. 



FORM NO. 9. 

ORDER OP APPOINTMENT TO FILL VACANIES IN THE OFFICE OF 
TRUSTEE. 

There being a vacancy in the office of Trustee in sub-district i^o. 
, in the district of , (occasioned by the removal, resig- 
nation, dec, as the case may he,) on motion uf , it is ordered 

that , be, and he is hereby appointed to fill said vacancy for 

the unexpired term, and till his successor shall be appointed and quali- 
fied. 

Note. — This order of appointment should be entered in the record 
book of the Board of Education at a regular meeting, and a copy of 
it signed by the secretary of the board, served upon the appointee 
will be notice of his appointment. 



FORM NO. 10. 

Order of appointment of a member of the Board of Education to 
fill a vacancy : 

There being a vacancy in the Board of Education in 

district, in count}^, occasioned by (here state the cause of 

vacancy), on motion of it is ordered thai be, and he 

is hereby appointed to fill said vacancy* for the unexpired term, and 
till his successor be elected and qualified. 

Note. — A. copy of this order served upon the appointee, will be suf- 
ficient notice ot his appointment. 



FORM NO. 11. 

FORM FOR THE PROCEEDINGS AT THE FIRST ANNUAL MEETING 
AFTER THEIR ELECTION. 

1. Appoint a Secretary. 

2. Determine the number of months the schools shall be held in the 
district during the school year. 



> 



57 

3. Determine the number of Teachers that may be employed in 
the sub-districts, allowing at least one for each school house. 

4. Fix the salaries of Teachers according to grade of certificate, as- 
signing some grade to holders of normal diplomas, professional cer- 
tificates county superintendents and members of the board of exam- 
iners. 

5. Ascertain the average salary of Teachers per month. 

6. Ascertain the whole number of months to be taught in the dis- 
trict. 

7. Determine the aggregate amount of mo'ney necessary to pay all 
the Teachers. 

8. Ascei'tain the unexpended balance of the teachers' fund in the 
hands of the sheriff, due the district from last year, after paying all 
salaries due Teachers the preceding year. 

9. Ascertain the district's share of the general school fund for the 
current year. 

10. Ascertain any other moneys available to the teachers' fund. 

11. Deduct these amounts from the aggregate amount necessary to 
pay all the Teachers. 

12. Lay the district levy for teachers' fund, large enough to cover 
this amount, making proper allowance for contingencies and delin- 
quencies. 

The following example will be convenient for reference in making 
levies for school purposes : 

JSTo. of Teachers to be employed in the district 20 

No. of months taught during the year each 4 

Whole No. of months to be taught in the district 80 

Average salary of Teachers $ 30 

Amount of money to pay all the Teachers 2,400 

Deduct amount on hand, including apportionment to the dis- 
trict, from general school fund, say 1,100 

Amount to be levied for teachers' fund • 1,300 

To find the average salary of the Teachers, fix the salaries accord- 
ing to grade, say: 

For a No. 5 certificate I 20 

For a No. 4 certificate 25 

For a No. 3 certificate , 30 

For a No. 2 certificate , 35 

For a No. 1 certificate 40 

Divide by the number of gi'ades 5)150 

Average salary of Teacher per month |30 



58 

To ascertain the niimbei' of cents to be levied on ererv one huu- 
di'ed dollars" valuation of property in the district to raise 81,300. by 
taxation, suppose the whole valuation in the district to be S500.000. 

KuLE.— Drop the cents, if any. and add lour ciphers to the amount 
in doUars to be raised by levy, and divide by the amount in dollars 
of taxable property. 

Example : 

500.000)130,000.00(26 cents. 
1,000,000 



3.000.000 
3.000.000 



FORM XO. 12. 

tok^l of orders to be entered of record by the board 
of educattox. 

Office of the Eoard of Education | 

OF School District, in the Cofnty op . j 

At a meetino- of the board held on the day of 18..., pres- 
ent President, and and members of the board. 

On motion of , it is ordered that... ......be. and he is hereby, 

appointed secretarv of this board, to hold his office till the day 

of IS 

On motion of it is ordered that the schools ot this dis- 
trict shall be held months durino- the present school yeai". 

On motion of it is ordered that the salaries of teachers 

per month, for the school year, shall be as follows, according to the 

grade of their certificate: For grade ISTo. 1. S ; for grade No. 2. 

S : for grade No. 3. S ; o-rade No. 4. S ; for grade No. 5. 

S ' 

And that the County Superintendent, Members of the Board of 
Examiners, holders of Normal School Diplomas, and of Professional 
Cei-tificates, shall be classed with grade No 

It having- been ascertained by the board that it will be necessary 
to raise by levy, for the payment of Teachers" salaries for the cur- 
rent year, in addition to the available funds on hand, S on motion 

of. , it is ordered that a tax of. cents on the one hundred dollars' 

valuation of the real estate and personal property of the district be 
levied for that purpose. 

On motion of it is ordered that the president and secretary 

of this board be authorized to sign, in vacation, all proper orders for 
the payment of money out of the teaehers" fund or the building fund, 
and that they report the amounts so drawn for. on each fund, to the 
next meeting of this board. 

The .■secretary of this board made a report thi:? day of the several 



59 

orders drawn by him and the president, on the sheriff, on account of 
the teachers' fund and the building fund, respectively, since the last 
meeting of the board, Avhich is as follows: An order on the teachers' 

fund in favor of , a Teacher, for $ ; also, an order in favor of 

, a Teacher, for-l ; also, an order on the building fund in favor 

of. , for work done on school house, for $ ; and also an 

order in favor of for furnishing wood for school house, for S.,,... 



rOKM NO. 13. 
/ 

FORM OF ORDER REGISTER OF THE SECRETARY OP THE BOARD 
OF EDUCATION. 



Date. 



April 1, 1876 
April 1, 1876 
Mav 10, 1876, 
Mav 10. 1876. 
June 2, 1876, 



In whose favor 
drawn. 



John Smith.. 
Wm. Adams 
Job Yonng... 
Thos. Harris 
Sarah .Jones.. 



For what purpose. 



Teaching school 

Repairs on school house. 

Fuel 

Erection of school house. 
Teaching .school 



Buil'g fund. 
Amount. 



$ 15 no 

.5 00 

125 00 



Teachers' 

fund. 
Amount. 



§45 00 



Note. — A statement of this register should be made by the secre- 
tary of the board, and given to the sheriff, whenever he requests it, 
so that he may see how his funds compare Avith the orders given. 



FOEM NO. 14. 

FORM FOR THE SHERIFF'S ACCOUNT WITH THE TEACHERS' FUND. 

A B , Sheriff, in account icith teachers' fund for district, in 

county. 

DJi. 



.Sept. 1, 1876 To balance on hand from last year 

Oct. 15, 1876|To cash received from general school fund, annual apportionment.... 

Dec. 1, 1876 To cash received from collections, district tax 

Jan. 15, 1876 To cash received from general school fund, aunual apportionment.... 
Feb. 1, 1876 To cash received from collections, district tax 



$500 00 
500 00 
300 00 
500 00 
600 00 



A B — — , sheriff, in account ivith teachers' fund. 

CE. 



Oct. 20, 1876 By cash paid Wm. AVilson, on order No. 1 175 00 

Oct. 20, 1876 1 By cash paid Sarah Smith, on order No. 3 1 50 00 

Nov. 1, 1876 Bt cash paid .John .Smith, on order No. 6 . 79 00 

Dec. 3, 1876 By cash paid James Turner, on order No. 4 43 00 

Dec. 9, 1876 By cash paid Mary Ham, on order No. 10 73 00 



60 

XoTE. — A similar account is to be kept "with the building fund, 
and a statement of either fund is to be rendered at any time when 
required by the board. By keeping a correct account of the orders as 
per form No. 13, the sheriff Tvill know the amount outstanding, and 
can readily determine whether he can pay the amount with the funds 
on hand. 

The above form is intended for separate pages, opi:)osite each other. 



61 



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62 
FOEM XO. 16. 

FORM OF DEED FOR CONVEYING SCHOOL HOUSE SITES. 

This deed, made the day of in the year between A 

B and C D his wife, of the county of and the 

state of West Virginia, party of the first part, for and in considera- 
tion of the sum of dollars, to them paid by the District Board of 

Education of the school district , of the cotinty and state afore- 
said, the receipt whereof is hereby acknowledged, do grant unto 

the Board ol Education of said school district the pai'ty of the 

second part, and their assigns forever, the following described par- 
cel of land (here insert the description), together with all the priv- 
ileges and appurtenances thereto belonging. And the said party of 
the first part, do hereby covenant with the party of the second 
part, that they will warrant generally the title to the said property. 

Witness the following signatures and seals: 

A B , [seal.] 

C D , [seal.] 

Note. — The board should, in all cases, have the deeds for school 
property promptly recorded in the clerk's office of the County Court. 



FOEM NO. 17. 

certificate of acknowledgment of a deed. 

State of West Virginia, county of ........... , to-ivit : 

I. , a justice of the county aforesaid, and district of. 

do certify that whose name for names) is (or are) signed to 

the writing above, bearing date on the day of has (or 

have) this day acknowledged the same before me, in my said district 
and county. 

Given under my hand this day of 18... 

A ... B ./. P. 



FOEM NO. 18. 
acknowledgment of a married woman. 

State of West Virginia , county of to- uit : 

I, a justice of the county aforesaid, and district of 

do certify that , the wife of .whose name is signed to 



63 

the writing above, bearing date on the day of,... .., per- 
sonally appear before me in tlie county and district aforesaid, and 
being* examined bj^ me privily and apart froni her husband, and 

having the said writing fully explained to her, she, the said 

acknowledged the said writing to be her act. and declai-ed that she 
had willingly executed the same, and does not wish to retract it, 

G-ive under my hand the day of 18... 

A B .J. P. 

]v^-OTE.— Acknowledgments of deeds may be taken before a justice, 
a notary public, a clerk of a county or circuit court, or the president 
of the county court. 



FOEM NO. 19. 

FORM OF LEASE. 

This deed made the day of in the year between A 

B of the county of and the state of West Virginia, 

of the first part, for the consideration herein mentioned, witnesseth ; 
that the said partv of the first part, does hereby lease unto the Board 

of Education of school district in the county and state aforesaid, 

party of the second part, and their assigns, the following parcel of 
land, to-wit: (Here insert the description), with all the privileges and 
appurtenances thereto belonging ; to have and to hold the same for 

and during the term of. /years from the day of A. D., 

18 And the said party of the second part, for themselves and 

their assigns, do covenant and agree to pay to the said party of the 

first part, for the said premises, the annual rent of dollars. 

Witness the following signatures and seals. 

A B. [seal] Lessor. 

CD.,-) 

E. F., - [seal] Board. 

G. H. ) 

AfoTE. A lease should also be recorded in the county court clerk's 

ofiice, the same as a deed. 



FORM NO. 20. 

appointment of the members of the board of education by the 
county superintendent, where no board exists. 

Office of County Superintendent, 

OP THE County of 

It having been made known to me that there is no Board of Ed- 
ucation, in " district in my said county. I, County 



64 

Superintendent of the county of. in pursuance of the authority- 
vested in me by law, hereby appoint and to fill the 

va{;ancies in said board for the unexpired term. 

County Superlntendtti,t. 

Note. — When there is more than one vacancy in any Board ot 
Education, it will be proper for the County Superintendent to fill up 
the board by appointment. 



FOEM XO. 21 

PORII OF NOTICE BY TRUSTEES TO THE BOARD OF EDUCATION THAT THEY 
HAVE EMPLOYED A TEACHER HAVING AUTHORITY TO TEACH, WHO DOES 
NOT HOLD A CERTIFICATE FROM THE COUNTY BOARD OP EXAMINERS. 

We, Trustees ot , sub- district in school dist ■ 

riot in the iiounty of , hereby certify that we have employed 

to teach a school in our sub-district for the term of. 

months, beginnino; on the day of 18 at the price 

of i per month; and we further certify that he, the said 

is the holder of a Xormal School Diploma — a Professional Certificate 
— is County Superintendent, or, is a member of the County Board of 
Examiners, (as the ease may be). 

G-iven under my hand this day of ...., 18... 



3 



Trustees. 



FOEM XO. 22. 

The following act was passed by the Legislature at its last session : 

AN ACT prescribing the time within which School Trustees and mem- 
bers of the Board of Education shall qualify. 

Approved, December 21, 1875. 

2. That every school Trustee, and every President and Commissioner 
of the Board of Education elected within this State, shall, within ten 
days after his election has been duly declaimed, qualify as such by 
taking and subscribing, before some one duly authorized to adminis- 
ter oaths within his county, the oath of office prescribed in section five 
of article four of the Constitution, which oath shall be filed with the 
Secretary of the Board of Education of his district. 

See Acts 1875, page 132, 



65 

FORM OF OATH. 

State of West Virgmia^ county of fo-tcit : 

I, , do solemly swear (or affirm) that I will support the 

Constitution of the United States, and the Constitution of this State, 

and that I will faithfully discharge the duties of my office of 

to the best of my skill and judgment. So help me Grod. 

A B . 

Sworn to and subscribed before me, , a justice of the peace, 

the day of 18... 

C D , J. P. 



INDEX. 



TRUSTEES— Theie Duties. 



How and when appointed, 

One trustee to be appointed each year ; term of office, tkree years.. 

Vacancies in office of, filled bv board of education ". 

Appointee to hold his office tor unexpired term 

Salaries to be paid teachers by trustees 

If trustees fail to employ teacher, board of education to employ.... 

Trustees to prescribe terms for the admission of other persons...' 

Trustees to be under supervision of board of education 

Transfer of pupils from* one district to another 

Management of such school, by what trustee.. 



Appointment of teachers by trustee i 13 

Dismiss teachers for incompetency, &c 

May exclude pupils having contagious disease ! 13 

May expel or suspend scholars for immoral conduct 

Trustee shall visit school under his charge 

Shall inspect register of teacher 

See that the scholars have provided books 

Shall see that the school house and grounds are in order 

Make suggestions to teachers for the interest of the school 

Shall bring suics for the protection of the property 

May allow school houses to be used for religious meetings and Sunday schools 

Shall furnish board of education estimates of improvements to school houses 

Expenses incuiTed by him, exact acceuuts to be k'^pt 

Report to board of education of expenses, when 

Fuel and water buckets, <ic., may be provided by trustee 

Repairs, how made '. , 

Colored schools, how established by trustees , 

Keport to board of condition of school houses, &c., for both white and <»lored schools, 

when to be made 

Reports may be returned to trustees for correction 

Certificate, in duplicate, must be presented to trustees 

Professional certLflcates authority to authorize trustees to employ holder to teach... 
Normal school diplomas to be accepted by trustees as auttiority to teach in common 

schools ' 

Salary of teacher each month, to be certified to tne secretary of the board by the 

trustees 

Register of teacher to be made out before order is given 

Trustees to provide for moral training, and to see that school house is kept clean and 

fires made when needed 

Not to be interested in contract for building or repairing school houses in his district... 
Trustees liable for making contract with teacliers to exceed receipts lor the school year.. 

Shall not act as ageut for school biX)k3 or other thing used in tree schools 

Number of months school to be held 

Number of teachers to be employed 

Salaries of teachers 

Salaries to be according to grade of certindite 

Quorum of board, a majority 

In absence Of president, a luember shall preside 

Shall give notice of their meetings 

Shall be corporation, sue and be sued 



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67 



TRUSTEES— Their Duties— Continued. 



Process served on secretary or two members 

Secretar)' shall be appointed by the board, at their first meeting after election 

Board to determine pay of secretary, not exceeding twenty-five dollars 

Board to have general supervision of schools in their district 

Determine number and location of schools 

May change boundary of sub-district, increase or diminish the same 

May assign, if practicable, fifty pupils to each sub-district 

Village must be included in one sub-district 

Changes in districts to take effect immediately after the state distribution 

Village divided by district or county lines , 

Board must cause to be kept, schools eq^ugh to afford all an opportunity to go to school- 




BOAKD OF EDUCATION. 



Composed of president and two commissioners 

When elected 

Term of office 

Members ineligible to more than one office 

To give notice of election 

Where election for, to take place 

To prepare poll-book for election 

Duty of the board of each district to give at least three weeks' notice of election 

Tie vote for members of the board to be decided by the county superintendent 

If vote is for levy, tlie board of education to make levies 

If against levy, authority is withholden to levy ; 

Board to hold special election next year 

Clerk of board shall give notice of election 

Board of edue.ition to ajopoint trustees 

Term of office two years from 1st of September 

Vacancies in board shall be filled by the board 

Vacancies in office of trustees shall be filled by the board of education for unexpired 
term 

First meeting in the year, first Monday of September 

Powers of such board, and to what rights substituted 

Liability of board as to debts, claims, etc., owing by the board of which it is the suc- 
cessor 

Duty of board as to any gifts, grant, devise, etc., made for the use of any free school 
under their jurisdiction 

Board deemed owners of certain real and personal property, without any transfer or 
conveyance 

Board must employ, if trustees fail to do so 

Other branches may be taught by order of the board 

Board of education to control and revise actions of trustees 

Board ef education may remove trustees from office ; when 

Shall revise the action of trustees in the dismissal of pupils 

Suits in the name of board of education 

Shall receive from trustees, estimates of improvements of buildings and grounds 

Accounts of trustees when proper, siiall be paid by the board by an oi'der on the sheriff. 

Board shall set apart the share of colored children, and apply it as they think best 

Shall cause enumeration of youth to be taken 

Person taking enumeration to be paid by the board 

Board shall receive report of trustees, at or before last meeting in the year 

What report shall contain 

Board may submit the question whether a high school shall be established, to the peo- 



ple.. 



May obtain sites and erect buildings for Buch school, when established 

May levy a tax therefor 

School under the care of the board 

Board may establish graded schools, employ teachers and fix their salaries 

May submit the question of additional taxation for the purpose, to the people.. 

High schools may be established in proper casss by two or more districts 

See also .". 



County board of examiners to be appointed by the presidents of the board of education. 

Teachers employed by board must have certificate in duplicate 

Duplicates must be filed with board 

Salaries not to be paid if duplicate not filed 

Teacher not entitled to payment of balance of salary by boai'd unless register properly 
kept and returned to the board ' ". 



Sec. j Page. 



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68 



BOARD OF EDUCATION— Continued. 



Board shall pay teachers monthly 

Sites of school houses, how re-conveyed 

Board shall provide school houses...." 

Board of adjoining district may provide jointly for erecting school houses 

In such case, how title vested." ." 

Such school supported by the districts interested 

Contractors for building must give bond '. 

Board or member not to be interested in contract, under a penalty of one hundred 

dollars 

Shall also be guilty of a misdemeanor 

Plan of school houses must be submitted to, and approved by county superintendent... 

How land acquired when owner refuses to sell 

School property exempt from taxes or lien 

Debts against the board mav be reeovered by mandamus for special lew 

BiiUding fund, levy for ." .' 

Board may borrow money for building fund 

Teacher's fund, levy for," not to exceed fifty cents on SlOO valuation 

Board may be comi)elled to levy, by mandamus 

May continue schools more than four- months, by a vote of the people 

Assessor to certify to board of education 1st September, the value of property in district 

to serve as a basis of levy 

District to receive no share of fund, that votes against levy 

Bate of taxation, when to be determined 

Secretary to report levy to clerk of county court, &c 

Secretary failing to report to be fined S20.. 

Board not to expend more money than is in the hands of the sheriff for any year 

Nor incur any debt to be paid out of the funds of a subsequent year 

Individually liable; when .". 

Sheriff shall keep his accounts with the board of education 

No money to be paid except upon an order of the board of education 

BoardshaU settle with the sherifi" on or before the first day of September 

How sheriff to be charged and credited 

Delinquent list to be certified to the board 

Lien on real estate for taxes •. 

Delinquent taxes on personsd property placed in hands of sheiiflf should be accounted 

for to the board " 

Penalty on sherifl's or coUector for failure to make settlement 

County superintendent liable to board, for neglectof duty 

Pre.sidents of the boards shall fill vacancies in office of county superintendent 

Boards to receive suggestions from the county superintendent 

Shall receive and distribute blanks, circulars, &c., required by the county superinten- 
dent ". .". 



Penalty for violating any provision of this act .' 

Board shall receive notice of the distribution of the general school fund to the districts, 

and that it cannot be drawn till levy is made 

Board must notify county superintendent that a levy has been made for teacher's fund. 



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SECRETARY BOARD OF EDUCATION. 



Secretary, how appointed 

His duties 

Secretary shall give notice of spficial election 

Process may be served on secretary 

Board shall appoint secretary at their first meeting 

He shall attend all meetings," record proceedings, sign them and have care of papers 

Accounts to be kept by him 

Reports to be made by him .' , 

Abstract of proceedings to be posted 

Compensation of secretary 

His books to be examined by county superintendent 

Annual report to be made before he is paid 

Contract with teachers to be filed with secretary 

Trustees to render written account to secretary 

Enumeration of youth to be recorded by him 

To be transmitted by him to county superintendent 

Trustees to make report to secretary 

Report to be made by secretary to county superintendent 



Sec. 



8 

8 

8' 

8 

8 
13 
16 
19 
19 
20 
21 



69 



SECEETARY BOARD OF EDUCATION— Continued. 



Report of colored schools 

Ten dollars for this report 

Duplicate certificate to be filed with secretary 

Teachers register to be returned to secretary 

Orders to be signed by secretary and president 

Trustees lo certify teachers wages each month to secretary 

Order ou sheriff to teacher for salary to be given by secretary 

Order iiot to be given teacher till register properly made out and returned to secretary 
Assessor to certify aggregate value of real and personal property to secretary against 

first September 

Secretf ry to report rate of taxation to clerk of county court, county superintendent 

and assessor 

Penalty for failure to report .' , 

Fines how recovered , 

All orders on sherilf, to be signed by secretary and president 

Not to act as agent of book-sellers 

Other particulars to be reported 



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15 



COUNTY SUPERINTENDENT. 



Election, how held 

Tie vote for members of the board decided by county superintendent 

When elected 

Term of office , ." 

Duty of, as to his election 

Tie vote for county superintendent, how determined, and wnen 

Notice to be given by appointee 

Secretary to report to county superintendent before he shall be paid 

County superintendent to draw order to pay secretary 

Enumeration to be reported to county superintendent 

When county superintendent to order enumeration 

Enumeration to be sent by him to state superintendent as soon as he receives the same.. 

Report made by secretary to county superintendent on or before the twentieth of Sep- 
tember 

Rate and amount of tax levied to be reported 

Secretarynot to be paid till county superintendent certifies report has been made 

Report to be made by county superintendent to state superintendent by 30th September 

Other porticulars to be reported 

Shall transmit such remarks as he may deem proper 

County superintendent president of board of examiners 

To collect from teachers a fee of one dollar 

Shall deliver to clerk of county court and to the state superintendent a list of teach- 
ers examined and amount of fees collected 

Shall keep.a register date and grade, of teachers examined 

Extra meetings of boards of examiners may be called by county superintendent 

Good behavior and manners 

School houses sold, with consent of county superintendent 

Board disagreeing, county superintendent, may decide location of school houses 

Plans of school houses to' be submitted to county superintendent 

Term of office, two years 

Shall he moral, literary and skillful as a teacher 

Compensation not to exceed 5300 

Shall present an account to the county court for the number of days actually employed 

Account must be allowed by court 

Paid half yearly 

Payments not to be made till his reports have been properly made 

Paid out o: general school fund 

Shall execute bond before taking office 

Shall enforce the use of the prescribed text books 

Penalty forfailing to perform duty 

State superintendent to notify county superintendent of the share of general fund due 
to each county 

Amount deducted by auditor for salary, shall be deducted before distribution made to 
districts 

Shall ascertain share of each district 

Give notice to each board of the amount of State fund due to each 




70 



COUNTY SUPERINTENDENT— ConUnued. 



Sec. 


Page. 


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62 


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34 


65 


35 


65 


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65 


35 



And that it cannot be drawn till tlie district has made levy... 

Requisition on auditor, how issued 

Form of requisition 

Under supervision of State superintendent 

Shall receive instructions how to conduct election 

Shall distribute blanks furnished by the State superintendent 



STATE SUPERINTENDENT. 



Name of county superintendent to be reported to state superintendent 

Enumeration of youth in each district to be forwarded to 

Blanks furnished trustees 

Report of county superintendent to be made against, the 30th September 

High school how to report 

Report of county superintendent of high schools .' 

Names of teachers applying for examination to be reported by county superintendent. 

State superintendent, a member of the State board of examiners 

State board of examiners 

State superintendent may revoke professional eertiticates 

Registers, form to be prescribed by 

Moral training 

Blanks, circulars, school-laws, how distributed 

Report by county superintendent how made 

District failing to return enumeration of youth 

Levy, when not made to be reported to 

Salary and contingent expenses to be deducted 

Auditorto notify state superintendent of amount to he distributed 

Elected by the people for four years 

Reside at'the seat of government ; 

Requisition on atiditor to be signed by him 

Shall have supervision of county superiutendents 

Instructions how to conduct elections 

AU blanks and forms to be prescribed by him 

School law to be printed and distributed 

Forms, regulations and instructions to be attached 

Shall aim at perfecting the system 

Shall acquaint himself with educational wants 

Report to the governoron or before the first January, 

Member of the board of school fund 

Receive report from auditor of condition of the school sund 

Member and president of board of regents of normal school. (See also acts 1867, chap 

ter 120, section 6) 

Deed acknowledged by 

Diplomas for, to be prepared by state superintendent. 



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41 



TEACHERS— Theik Duties. 



Teachers, number to be determined by board of education 6 

To be determined by grade of certificate I 6 

Shall not contract for more than is so fixed i 6 

Teachers enough to be employed to afford all who are entitled to attend school an op-! 

portunity to do so 10 

Teacher to be employed by board when trustees fail to do so 10 

Teacher to instruct all who are entitled to attend 10 

Trustees of sub-districts to appoint teachers 13 

Teachers' contracts to be in writing 13 

Form to be furnished by State superintendent 13 



71 



TEACHERS— Theik Duties— Continued. 



Contract to be filed with tlie secretary of tlie board 

Trustees may dismiss teacliers 

Teachers' register to be inspected by trustees 

To receive sugestions from trustees 

Teachers' registers to be used by trustees in making report 

Board of education' may employ teachers for graded schools 

Also for high schools 

Also for joint high schools 

Teachers to be certilied by board of examiners 

Fee of one dollar to be paid by teacher 

Certificate to be presented to trustees or board induplicate, by teacher 

Duplicate to be tiled with board of education 

Salary not to be paid until duplicate is filed 

Certificate not to be of force for a longer period than one year 

Nor in any other county 

CertificatLS may be revoked by board of examiners on ten days' notice 

Stated vneeting of board of examiners, applicants for certificates required to attend 

Extra meetings for the examination of teachers may be called 

County superiutendents and members of the board of examiners may teach without ex- 
amination 

Applicants for examination must be df good character 

College diplomas not authority to teach 

Grade in each branch must be stated 

Certificates graded from 1 to 5 

No. 5 certificate to be granted but once 

No. 4 not to be granted more than once 

Normal school diplomas to be accepted as a certificate of qualification to teach 

Such diplomas may be aunuUed 

Professional certificates, holder shall be admitted to teach throughout the state 

Register to be kept by teacher 

Date of commencement and end of term • •• 

Name and age of scholars, male and female, &c '•. 

Kegisier bi returned at close of each term 

Balance due not to be paid, till register returned 

Salary to be paid monthly by orders on sheritts 

To be signed by secretary and president 

When teacher has taught one month, trustees shall certify to district board, and secre- 
tary shall give order on the sheriff. 

Order not to be given uuless register is properly kept and retui-ned to the secretary 

Holidays, first day of January, fourth of July, twenty-filth of December, nor thanks- 
giving day 

Days to be computed as if taught 

Schoal month twenty-two days excluding Saturdays 

Moral training to be secured by teachers 

Teachers fund 

Oiiicers must not contract so as to exceed the aggregate receipts of the year 

Officer so contracting, iudividually liable 

Teacher to receive suggesiiois from couni/ superintendent 

Shall receive aid from coumy superintendents for their improvement 

Institutes to be organized for improvement of teachers 

Fine for violating section 53 - 

Must not use other text books than those, prescribed 

Fine for violating other provisions of law 



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32 



SHERIEF. 



Must pay orders drawn on him by the board of education on the building fund 

Secretary to report amount of commissions paid to sheriff by each district 

Excess of fees iur examination of teachers to be paid to sheriff 

Teachers' salaries to be paid monthly by sheriff'. 

Orders presented and not paid, mandamus may issue 

Sheriff' to collect district levies 

Shall collect and disburse all school money. Stale and district 

Shall give an additional hond for the collection of school moneys 

Shall keep his accounts with boards of education, one of the building fund and one of 
the teachers fund 



Sec. 



16 


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37 


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72 

SHERIFFS.— Continued. 



Pay no money except upon an order of the board, signed by the secretary and president. 

Order must specliy sum to be paid, and fund to be charged ' 

Shall, on or before first September, settle with the several boards of education 

Shall be charged by board with all funds coming into his hands for both funds 

ShaU be credited with delinquent taxes, properly certified by clerk of eountv court" and 

also with all proper Touchers paid by him,' and also with his proper commissions.. 
The sherifl' shall receive no credit for any monev paid out bv him in excess of what 

comes to his hands during the year, lie shall have no credit for the excesss 

If he fail to pay over any monev 

Remedy a«ainst the sheriff. .'. !....."."!.."."......!!......!......"...!...!.!.....! 

Delinquent taxes on real estate, how coUeeted....... ....!!..."!.......!!....".......!!!""!!!"!!"!! 

Lists to be presented eountv court ^■. 

Delinquent lists furnished sheriff for sale ......................................!!!!!! 

Delinquent list on personal property shall again be placed in the hands oif tlie sheritf 

for collection ; 

May collect such levies in two years '. ..!....■...'.'!!!!!! 

Commissions for eolleclion prescribed by general law, see acts 1872-3, page 127.1!!...!!!!!!! 
Sheriff shall make annual settlements with county court, see Constitution, article XII, 

section 7 

Requisitiou on auditor by county superintendent, payable to the sheriff for amount due 

district 

Form of requisition 

Certificate that sheriff has given secm-ity required in section 46, page 32 

Penalty on sheritts, collectors, etc. for misappropriating taxes, or monevs that come into 

his hands, (chapter 111, section 1, Acts 1877) .". 

Penalty on such officer for discounting, etc., drafts or orders, drawn upon him, payable 

out of any funds in his hands, (chapter 111, section 2, Acts 1877) 

Penalty on such officer for failure, etc., to pay any draft, etc., drawn on him when he 

has, or might have had money to pay same, (chapter 111, section 3, Acts 1877) 

How such fine disposed of .". , 

Settlement to be made by such officer ; what to contain, (chapter 111, section 4, !Acts 

1877) 



Officer falling to pay over and account for taxes, etc., collected ; what then (chapter 111, 
section 5, Acts 1877) 



Sec. 



CLERK OF COUNTY COURT. 



Tie vote for county superintendent to be decided by president of the boards of educa- 
tion, at a meeting called by clerk of county court 

Clerk shall receive report from county superintendent of names of applicants for teach- 
ers certificates and amount of fees 

Make out notice of meeting of presidents of boards of education, when 

Rate of taxation to be reported by .secretary to clerk of county court 

DeUnquent list to be presented to county court 

Clerk 10 preserve original list in his office, and amount allowed by court to be certified 
by clerk to board of education ' 

Delinquent list of personal property to be placed by the clerk in the hands of the sheriff' 

Settlement with sheritt' by county court, see Constitution article xii, section 7 

Salary of county superintendent to be audited by county court, and clerk to report the 
amount to state superintendent 

Bond of county superintendent taken by clerk 

Bond filed in office of clerk, and name certified in five days to state superintendent 

Vacancies to be filled in office of county superintendent at time fixed by clerk of coun- 
ty court withiu ten days , 

Time extended in which clerks of courts and clerks of board of education may certify 
the levies of their counties or districts to auditor, (chapter 116, section 1, Acts 
1877) 

Penalty on clerk for fail ure to make report, (chapter 116, section 1, Acts 1877) 



73 

ASSESSOR. 



Assessor shall deliver to secretary of each district oil or before 1st September, showing 

a'^gregate valiu' of all property therein 43 

He shall extend on liis boDks aniouut of taxes levied for school purposes i 44 

Fine of twenty dolhirs for failiug to report I 45 

Fine for over charging amount of taxes due I 45 

How tines recovered 45 



AUDITOR. 



County superintendent to report apportionment to auditor 

Auditor shall transfer undrawn balance on the 31st August to general school fund 

Delinquent list of real estate to bs certiftod to the auditor 

Auditor to certify same to sheriff for sale 

Salary of county superintendent to be paid by auditor 

Salary deducted from amount next distributed 

General school fund, how distributed ■. 

Auditor to deduct contingent expenses, &c , before making distribution 

Distribution of fund on hand on 1st September of each year among several counties, state 

superintend Mit to be notified by the auditor 

When proper share of each county ascertained auditor to be notified of amount by state 

superintendent 

County superintendent to issue his requisition on auditor for amount due each district 

pay a 1)1 •■ tosherift". 

Auditor to issue his warrant on tu-easurer 

Shall indicate depository 

Issu:- warrant to pay salary of state suparintendeni, also expenses of 

Requisition on auditor for school purposes 

Auditor to deliver to governor anl state sup 'rinti'iuleut report of the condition oi the 

school fund 

Auditor a member of tiie board of the school fund ■ 

Audit<ir secretary of the board 

Copy of record signed by the secretary to be evidence 

Auditor's office, place of meeting 

Proceedings signed by president and secretary 

Auditor to prosecute suits by order of the board 

Auditor to ascertain what sums accrue to the school fund and pass them to its credit 

Auditor the accountant of the board 

Shall deposit the securities as the board may direct 

AH money received and paid out upon the warrant of the auditor 

No money to be paid out without order of board 

Auditor a member of the board of regents of the normal schools 



Sec. 



22 


1.3 


42 


23 


48 


27 


49 


23 


54 


29 


54 


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00 


33 


60 


33 



GOVERNOR. 



Governor shall appoint two members of the state board ol examiners 29 

State superintendMit to rop irt to the governor , | C7 

Governor to report to eacli regular session of the legislature the condition of freei 

schools ' 67 

School fund, its conditiou to be reported to the Governor annually, up to first of Sep j 

ternber I 68 

Governor to lav this report before the legislature at its next regular session ( 68 

Governor ame'mber and president of the board of the school fund ' 69 

Regents of the university appointed by the board of the school fund i 78 

Funds derived from sale of land warrants to be invested by the governor | 79 

Report of regents of university to be made by the governor, and by him laid beforel 

the legislature I 81 

Removal of professors, reasons to be communicated to the governor 82 

Governor, a member of the board of regents of the normal schools 87 

He appoints one regent from each congressional district I 87 



10 



74 



REGENTS OF NORMAL SCHOOLS. 



Board composed of state siipeiintendent, governor, auditor and treasurer, and three 
others appointedby the governor " 

Board a eorpoi-ation 

May contract, and hold real and personal property 

Transfer of supervisors accepted and legalized 

If school removed from Marshall college property reverts to Cabell county 

Regents appointed by governor hold their office at his pleasure 

Shall establish rules and regulations for government of schools 

Shall fix ihe number and appoint and remove teachers 

Prescribe terms on which pupils shall be received and instructed 

The branches of learning to be taught 

The number from each judicial circuit 

Shall admit pupils free of tuition 

Pupils may be dismissed by regents, or by executive committee, subject to their ap- 
proval 

State superintendent shall prepare diplomas 

Regents may establish a pay department 

They shall appoint an executive committee 

Duties of executive committee 



Sec. 


Page. 


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^ 



^ 



LIBRARY OF CONGRESS 



019 748 521 8 



LIBRARY OF CONGRESS 



019 748 521 8 ^ 



